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UNITED STATES v. R. J. REYNOLDS TOBACCO CO.

Civ. No. 1668-70.

416 F.Supp. 313 (1976)

UNITED STATES of America v. R. J. REYNOLDS TOBACCO COMPANY et al.

United States District Court, D. New Jersey, Trial Division.

May 11, 1976.

Attorney(s) appearing for the Case

Donald Ferguson, U. S. Dept. of Justice, New York City, Jonathan L. Goldstein, U. S. Atty., by Andrew M. Higgins, Asst. U. S. Atty., Newark, N. J., Thomas Bernstein, U. S. Dept. of Justice, New York City, for plaintiff.

Elmer J. Bennett, Newark, N. J., Guy Miller Struve, New York City, Clyde A. Szuch, Newark, N. J., Sanford M. Litvack, New York City, for defendants.

MEMORANDUM RULING

BIUNNO, District Judge.

By informal letter, plaintiff wrote the court to assert that the fees and expenses of the expert witness appointed by the Court, and no part thereof, are not properly chargeable to plaintiff (the United States) under Fed.Ev.Rule 706.

The position is that under the order of appointment, the expert's functions are not those of an expert witness, i. e., to testify on particular areas of specialized knowledge...

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