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COTLER v. INTER-COUNTY ORTHOPAEDIC ASS'N, P.A.

No. 75-1873.

530 F.2d 536 (1976)

Jerome M. COTLER, Petitioner, v. INTER-COUNTY ORTHOPAEDIC ASSOCIATION, P.A., et al., Respondents, Honorable Mitchell H. Cohen, Nominal-Respondent.

United States Court of Appeals, Third Circuit.

March 1, 1976.

Attorney(s) appearing for the Case

Samuel J. Serata, Serata & Stanger, Bridgeton, N. J., for respondent Mahaveer P. Prabhaker.

Gerald M. Eisenstat, Shapiro, Eisenstat, Capizola, O'Neill, Lisitski & Gabage, Vineland, N. J., for respondents Basil Ingemi and Barbara Ingemi.

Neil F. Deighan, Jr., Kisselman, Deighan, Montano & Summers, Camden, N. J., for respondents Warren C. Lummis, Steven Z. Kleiner, Jay R. Moore and Michael Brook Fisher, Ind. and T/A Lummis, Kleiner, Moore & Fisher.

Fred Lowenschuss Associates, Fred Lowenschuss, Philadelphia, Pa., for appellant; James J. Seeley, Camden, N. J., Gerald M. Eisenstat, Vineland, N. J., of counsel and on the brief.

Keron D. Chance, Bridgeton, N. J., for appellant The Farmers and Merchants National Bank of Bridgeton, New Jersey; Fred Lowenschuss, William D. Parry, Philadelphia, Pa., of counsel.

Before GIBBONS, Circuit Judge, MARKEY, Chief Judge, Court of Customs and Patent Appeals, WEIS, Circuit Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

We are presented with a petition by a successful applicant for a writ of mandamus for an order assessing costs against the actual respondent. The question is of first impression in this court. We conclude that costs may be assessed in favor of the successful petitioner against the actual respondent.

The case came before this panel by appeal in No. 75-1451 and by a petition for mandamus in No. 75-1873 seeking...

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