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341 U.S. 321

71 S. Ct. 684

95 L. Ed. 968

Docket No. 621.

Ewing v. Gardner

Supreme Court of the United States

Decided May 7, 1951.

Supreme Court of the United States · decided 1951-05-07

2 counsel of record

Applies 28 U.S.C. § 2412

Good law ✅— No negative treatment on recordhow we know

Reversed · 9–0 · Decided 1951-05-07

How this case has been cited

Cited by 91 later decisions (1 by the Supreme Court) — most recently October 2001 · most notably Youghiogheny & Ohio Coal Co. v. Webb (1995), 136 F. Supp. 125 - Hurd v. Illinois Bell Telephone Company (1955)

65 federal appellate · 3 district · 7 state decisions

470195119601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1Solicitor General Perlman for petitioner.

¶2Theodore F. Gardner for respondent.

¶3Per Curiam.

¶4The petition for writ of certiorari is granted. The sole question presented by the petition is the validity of the affirmance by the Court of Appeals of the judgment rendered against the petitioner for costs by the District Court. There being no express statutory authority for the allowance of costs to the respondent, such an award of costs is precluded by 28 U. S. C. § 2412 (a). The judgment of the Court of Appeals, insofar as it relates to the taxation of costs against the petitioner, is therefore reversed.

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