Ewing v. Gardner, 341 U.S. 321 (1951)

Ewing v. Gardner

No. 621

Decided May 7, 1951
341 U.S. 321

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES

COURT OF APPEALS FOR THE SIXTH CIRCUIT

Syllabus

Under 28 U.S.C. § 2412(a), costs may not be assessed against the Federal Security Administrator in a suit brought against him in his official capacity, when there is no express statutory authority for the allowance of such costs.

185 F.2d 781, reversed in part.

In a suit against the Federal Security Administrator in his official capacity, the District Court awarded a judgment and assessed costs against the Administrator. 88 F.Supp. 315. The Court of Appeals affirmed. 185 F.2d 781. Certiorari granted, and judgment reversed insofar as it relates to the taxation of costs against petitioner.