USCA1 Opinion
December 14, 1994 [NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
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No. 94-1773
WILLIAM GOCHIS, ET AL.,
Plaintiffs, Appellees,
v.
ALLSTATE INSURANCE COMPANY,
Defendant, Appellant.
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APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. William G. Young, U.S. District Judge]
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Before
Torruella, Chief Judge,
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Coffin, Senior Circuit Judge,
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and Cyr, Circuit Judge.
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Thomas M. Hefferon with whom James W. Nagle was on brief for
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appellant.
Sarah Tucker with whom Nelson P. Lovins was on brief for
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appellees.
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Per Curiam. The brief summary order by the district court
does not, in this instance, give us a sufficient basis to review
its decision largely denying Allstate's requests for costs as a
prevailing party.
On the one hand, after reading the briefs and hearing oral
argument, it appears that the grant of judgment to Allstate was
not predicated on a single point of law that, at the time
depositions were taken and copies made, was dispositive. On the
other hand, if some, but not all, of the depositions and copies
have proven clearly unnecessary, irrelevant, or cumulative, we
lack the exposure and vantage point of the trial judge to make
such a discriminating determination.
We vacate the existing judgment and remand to the district
court for reconsideration of whether, and to what extent,
Allstate is entitled to reimbursement. Costs to appellant on
appeal.
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