Hodgman v. Atlantic Refining Co.
| Decision Date | 02 October 1925 |
| Docket Number | No. 452.,452. |
| Parties | HODGMAN et al. v. ATLANTIC REFINING CO. et al. |
| Court | U.S. District Court — District of Delaware |
Andrew C. Gray, Herbert H. Ward, and E. Ennalls Berl (of Ward, Gray & Ward), all of Wilmington, Del., Arthur Berenson, of Boston, Mass., and Lawrence Berenson, of New York City, for plaintiffs.
Robert H. Richards, of Wilmington, Del., and Ira Jewell Williams and Yale L. Schekter, both of Philadelphia, Pa., for defendant Atlantic Refining Co.
Charles F. Curley, of Wilmington, Del., for defendant Superior Oil Corporation.
Two questions remain before the court, necessary to be decided before entry of final decree in the above-stated cause. The first question is whether the relief as to the 10-year contract for the sale of oil should be cancellation of that contract or damages. With respect to this matter I am not disposed to change the view expressed in the opinion heretofore filed. 300 F. 590. The second question is: What allowance should be made to counsel for plaintiffs for their professional services and disbursements? For their disbursements they seek allowances for the following items:
(1) William F. Smart, court stenographer ................... $1,420.50
(2) Harris S. Stacey, for taking of
the depositions of witnesses in
New York, including official
copy filed and copy to defendants ....................... 1,435.81
(3) Alonzo Walker, for taking of
the depositions of witnesses in
Louisville, Ky., including official
copy filed and copy to defendants. ...................... 300.00
(4) Photostat exhibits, being part of
Louisville depositions, including
official copy filed and copy to defendants. ............. 136.60
(5) Paul H. Wisewall, for taking of
depositions in Cincinnati, Ohio
including official copy filed and
copy to defendants. ..................................... 221.13
(6) Lester E. Jaffe, notarial fees .......................... 34.19
(7) Premiums on cost bonds .................................. 30.00
(8) United States clerk's costs ............................. 80.00
(9) United States marshal's fees
estimated. .............................................. 25.00
(10) Process server's fees (New
York) ................................................... 21.00
(11) Printing of complaint ................................... 130.00
(12) Freemont Payne Press, for
printing of briefs ...................................... $ 752.26
(13) Railroad fares and hotel expenses
of Messrs. A. Berenson
and L. Berenson, including
about 20 trips to Wilmington
each for Arthur Berenson
and Lawrence Berenson from
Boston and New York, and
at least 35 days' hotel expenses
for each in Wilmington, estimated. ...................... 2,250.00
(14) Over 60 trips made by Arthur
Berenson from Boston to New
York during 4 years, and at
least 10 trips by Lawrence Berenson — railroad
fares at $25 the
round trip, estimated ................................... 1,750.00
(15) Hotel expenses of Mr. Arthur
Berenson in New York during
said 4-year period, at least 350
days, estimated ......................................... 7,500.00
(16) At least 20 trips of A.C. Gray
and several trips by Mr. Berl
from Wilmington to New York
including hotel expenses, estimated. .................... 1,200.00
(17) Railroad fares and hotel expenses
Mr. A. Berenson, Lexington
Ky., Louisville, Ky., and
Cincinnati, Ohio (2 separate
trips), estimated. ...................................... 500.00
(18) Long-distances telephone calls,
average of 5 calls per month
for 48 months between Boston
and New York, at $3, estimated. ......................... 660.00
(19) Long-distance telephone calls,
Wilmington and New York,
average of 3 calls per month for
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... ... R. 1146; Colley v ... Wolcott, 187 F. 596; Wait v. Railroad Co., 204 ... Mo. 502; Hodgman v. Atlantic Refining Co., 8 F.2d ... 777; Middleton v. Westmoreland, 138 S.E. 855; ... ...
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Claus v. Babiarz
...courts in law actions. See 20 C.J.S. Costs § 214, p. 451. The rule in the Federal courts is not uniform, but see Hodgman v. Atlantic Refining Co., D.C.Del., 8 F.2d 777, wherein Judge Morris, sitting in equity, allowed the premium on a surety bond as costs. The statute pursuant to which this......
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...of exhibits and postage for sending original depositions to the Clerk of the Court are obviously proper. Cf. Hodgman v. Atlantic Refining Company, D. C., 8 F.2d 777, 778. III. I sustain the defendant's exception to the Clerk's disallowance of subsistence expenses at $3 per diem to witnesses......