Waterman Steamship Corporation v. Gay Cottons
Opinion
Opinion
Duniway, J.
Appellees, the successful parties on appeal, have timely filed the following cost bill pursuant to Rule 39(c), F.R.App.P.
1. Fee of Clerk for copy of record on appeal $ 25.
2. Cost of reporter’s transcript 543.
3. Cost of printing brief for appellees 596.
4. Proctor’s docket fee. 28 U.S.C. §§ 1920 (5), 1923 100.
Total $1,265.
Item 2 is taxable in the district court. Rule 39(e), F.R.App.P.; Volkswagenwerk Aktiengesellschaft v. Church, 9 Cir., 1969, 413 F.2d 1126 .
Appellant attacks item 3, relying on 28 U.S.C. § 1923 (c), which limits to $75.00 the costs allowable for printing briefs in an admiralty appeal where the amount involved exceeds $5,000. However, we think that this limitation was wiped out by Rule 39(c), F.R.App.P. The civil and admiralty rules have been consolidated, and the distinction between civil actions and suits in admiralty has been abolished. Rule 1, F.R.Civ.P. and the Note of the Advisory Committee to that rule, 28 U.S.C.A. The Rules of Appellate Procedure govern all appeals to this court from the district court, and 28 U.S.C. § 2072 provides that “All laws in conflict with such rules shall be of no further force or effect * * *.” Item 3 is…