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George Hammersmith Inc. v. Taco Bell Corp.

filed*fn*: June 22, 1992.

GEORGE HAMMERSMITH, INC., AN OREGON CORPORATION, PLAINTIFF-APPELLANT,
v.
TACO BELL CORP., A CALIFORNIA CORPORATION, DEFENDANT-APPELLEE.



Appeal from the United States District Court for the District of Oregon. D.C. No. 87-711-RE. James A. Redden, District Judge, Presiding.

Before: Wallace, Chief Judge, Goodwin, Circuit Judge, and Levi, District Judge.*fn**

MEMORANDUM

Appellant George Hammersmith, Inc. asserts that the district court erred in awarding defendant costs in the amount of $19,852.77. We affirm.

A district court's award of costs is reviewed for abuse of discretion. Haagen-Dazs Co. v. Double Rainbow Gourmet Ice Cream, 920 F.2d 587, 588 (9th Cir. 1990).

Hammersmith asserts that the district court miscalculated the amounts it disallowed from the requested award and erred in awarding costs of printing and for copies of discovery documents. As to the claim of miscalculation, we find that the district court correctly calculated the award with respect to the errors Hammersmith asserts. The district court provided a detailed opinion as to which items would be disallowed. We have independently reviewed the district court's calculations and find them correct and consistent with its opinion. Hammersmith contends that the district court committed two errors in reviewing costs claimed for photocopying: (1) taxing $1,673.46 for "fees and disbursements for printing," which Taco Bell states is the cost of one original and two copies, one for the court and the other for service, and (2) taxing $1,070.10 for photocopying documents produced for discovery pursuant to Fed. R. Civ. P. 34. Neither of these arguments has merit. A court may tax as costs amounts spent "for exemplification and copies of papers necessarily obtained for use in the case." 28 U.S.C. § 1920(4). The district court was well within its discretion in determining that the costs of court and service copies of documents filed in the case and a single copy of documents provided for inspection during discovery were reasonable and necessary.

Taco Bell advises the court that it has discerned two apparent miscalculations: (1) an over-deduction of $1,492.78 in costs related to the deposition and trial expenses of witness Electra Sparks, and (2) an under-deduction of $3,693.25 in costs for deposition copies. Adjusting the total costs awarded by these amounts leads to a costs award of $17,652.30 rather than the $19,852.77 awarded.

The decision of the district court is modified as appellee concedes is appropriate. The remainder of the decision is AFFIRMED.

Disposition

AFFIRME ...


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