Page:Huk-A-Poo Sportswear v. Little Lisa.pdf/1

 Finally, plaintiffs contend that the defendants are not entitled to reimbursement for the cost of deposition copies, since the extra copies were matters of mere convenience to defense counsel. The convenience to defense counsel in having copies of depositions stems from avoiding a trip to the Clerk’s office in order to review deposition transcripts in the course of trial preparation. In the circumstances of this case, where the situs of defense counsel was the Harrisburg, Pa. office of the Pennsylvania Department of Justice, we find that deposition copies were more than a “mere convenience,” the cost of which the losing party could be expected to bear. Cf. United States v. Kolesar, 313 F.2d 835 (5th Cir. 1963). It would be unrealistic to expect a Harrisburg based attorney preparing for a trial in Philadelphia to use depositions on file in the Clerk’s Office in Philadelphia, particularly where the trial record is primarily composed of selected portions of the discovery depositions.

The motion for review and reversal of the Clerk’s taxation of costs shall be denied, and the judgment entered by the Clerk on December 10, 1976 for costs taxed in favor of defendants and against the plaintiffs in the amount of $1013.25 shall be AFFIRMED.