Andrus

ORDER

The Federal Defendants, having prevailed upon appeal from this court’s denial of plaintiff’s application for a Temporary Restraining Order and Injunction pending appeal, now seek costs on appeal.

Specifically, the Federal Defendants seek to recover $367.50, being one-third (Vh) of the cost of preparing the original, and the full cost of one copy, of the reporter’s transcript of the original hearing on June 16,17 and 18, 1980. It was at this hearing that a significant amount of evidence was received, and resulted in the order which plaintiffs appealed.

Thereafter, plaintiff sought reconsideration of this court’s earlier decision, or alternately to grant an injunction pending appeal. The Federal Defendants also seek $76.50 as taxable costs for one-third (Vs) of the original and one copy of the arguments heard on this subsequent motion.

The controversy between the parties centers on whether the reporter’s transcript was necessary to the appeal.

After first asserting stoutly that a reporter’s transcript was never furnished to the Court of Appeal, plaintiff’s counsel seems to retreat to the fail-back position that even though a partial transcript may have been furnished the…