Volkswagenwerk Aktiengesellschaft v. Douglas D. Church, Doing Business as Modern Specialist

Within the time prescribed by Rule 39(c) of the Federal Rules of Appellate Procedure, appellee, the successful party on appeal, filed its memorandum of costs on May 15, 1969. On May 28, 1969, appellant filed exceptions to the cost bill. Thereafter an affidavit in opposition to the exception was filed by appellee and a reply affidavit was filed by appellant. The material portions of the cost bill are as follows:

“The following costs were incurred by appellee:

Appellee claims that the exception to the cost bill was filed too late. Rule 14(a) of the Rules of this court, effective July 1, 1968, requires that objection be filed within 7 days after service and filing of the cost bill. Here the exception was filed 13 days after the cost bill was filed. Nevertheless, we have concluded that we should permit the filing of the exception and consider the questions presented on their merits. This is because our former Rule 25, paragraph 3, provided for filing of such an objection within 14 days. Appellant asserts that because this appeal was taken before our new rules became effective, it relied upon the old rule. We think that the new rule is applicable because the order which we made…