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UNITED STATES v. CHICAGO, ST. PAUL, MINNEAPOLIS & O. R. CO.

Civ. No. 5037.

133 F.Supp. 76 (1955)

UNITED STATES of America, Plaintiff, v. CHICAGO, ST. PAUL, MINNEAPOLIS AND OMAHA RAILWAY COMPANY, Defendant.

United States District Court D. Minnesota, Fourth Division.

June 6, 1955.

Attorney(s) appearing for the Case

George E. MacKinnon, U. S. Atty., and Harold C. Evarts, Asst. U. S. Atty., St. Paul, Minn., for United States.

Gerald F. Fristensky and George H. Henke, St. Paul, Minn., for defendant.

NORDBYE, Chief Judge.

A stipulation for judgment was entered into and in pursuance of the stipulation, judgment has been entered. The question presented is whether Section 1918(a), Title 28, U.S.C.A., requires the Court to enter as costs in such judgment the attorneys' docket fees, provided for under Section 1923 of this title. Section 1918(a) reads:

"Costs shall be included in any judgment, order, or decree rendered against any person for the violation of...

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