District Court, E.D. New York May 6, 1960, Civ. No. 15815 (Bowman v. West Disinfecting Co.)

ZAVATT, District Judge.

The defendant moves pursuant to Rule ■54(d), Federal Rules of Civil Procedure, 28 U.S.C., for a review by the court of the action of the Clerk who has refused to tax costs in favor of the defendant ■and against the plaintiffs. The defendant contends that it was the prevailing party and, as such, is entitled to costs in the total sum of $11,103.90.