United States Sixth Circuit

In a dispute between cable television service providers, denial of defendant's motion for costs based on the district court's granting of plaintiff's motion for voluntary dismissal with prejudice is affirmed where the district court's determination that plaintiff prevailed on some of its claims was not clearly erroneous, defendant was not entitled to a presumption of costs under Fed. R. Civ. P. 54(d), and the district court did not abuse its discretion in its alternative holding denying costs.

Appellate Information

• Decided 08/22/2006
• Published 08/22/2006

Judges

• BOYCE F. MARTIN, JR., Circuit Judge., Before:  MARTIN and SUTTON, Circuit Judges;  JORDAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Laurence J. Zielke, Pedley, Zielke, Gordinier & Pence, Louisville, Kentucky, for Appellants.  Eric L. Ison, Greenebaum, Doll & McDonald, Louisville, Kentucky, for Appellee.   ON BRIEF:  Laurence J. Zielke, Pedley, Zielke, Gordinier & Pence, Louisville, Kentucky, for Appellants.  Eric L. Ison, Holland N. McTyeire, Melissa Norman Bork, Greenebaum, Doll & McDonald, Louisville, Kentucky, for Appellee.