The Mississippi

Three libels were filed by W. P. Fuller & Co. against three vessels, the Mississippi, Texas, and Alaska, for cargo damage. For the convenience of the court and of the parties, the eases were tried together. The respondent prevailed in each case and separate decrees were entered. The same proctor appeared for respondent in each ease.

The clerk of the court has taxed $20 proctor’s docket fee in each case, and libelant has appealed against the allowance of more than one docket fee, citing the Medusa (D. C.) 47 F. 821 ; The Mt. Eden (D. C.) 87 F. 483 ; The Stanley Dollar (C. C. A.) 160 F. 911 ; Boston Marino Ins. Co. v. Metropolitan Redwood Lumber Co. (C. C. A.) 197 F. 703 .

Analysis of these cases shows that in each instance the proceeding wherein the proctor was denied more than one docket fee was in its essence a single proceeding, arising out of one situation, involving the preparation of but one set of facts, with few variations. In these cases the reasons for disallowing more than one fee for a single court appearance are obvious. The situation is entirely different in the present case, where three separate matters were tried together solely for convenience, and to save time…