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THE LADY DRAKE

DISTRICT COURT, E.D. NEW YORK


June 21, 1932

THE LADY DRAKE; HOBSON
v.
LADY DRAKE, Limited

The opinion of the court was delivered by: MOSCOWITZ

MOSCOWITZ, District Judge.

This is a motion made by the libelant to retax respondent's costs by eliminating the docket fee which was taxed by the clerk of the court.

The libel was filed to recover for alleged damages to a cargo that was carried on the steamship Lady Drake from Barbados to St. John, New Brunswick.

 On motion of the respondent the court declined to take jurisdiction on the ground that the ends of justice would be best served by remitting the parties to the courts of Canada or the Maritime Provinces. A decree was thereupon entered dismissing the libel. 1 F. Supp. 317.

 Libelant contends that the docket fee of $20 should be eliminated from the decree. The docket fee is governed by section 824 of the Revised Statutes (title 28, USCA § 572), which provides: "§ 572. Attorneys, solicitors, and proctors. On a trial before a jury, in civil or criminal causes or before referees, or on a final hearing in equity or admiralty, a docket fee of

19320621

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