USCA1 Opinion

December 14, 1994

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________

No. 94-1773
WILLIAM GOCHIS, ET AL.,
Plaintiffs, Appellees,
v.
ALLSTATE INSURANCE COMPANY,
Defendant, Appellant.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. William G. Young, U.S. District Judge]
___________________
____________________
Before
Torruella, Chief Judge,
___________
Coffin, Senior Circuit Judge,
____________________
and Cyr, Circuit Judge.
_____________
____________________
Thomas M. Hefferon
___________________

with whom

James W. Nagle was

_______________

on brief

appellant.
Sarah Tucker
_____________
appellees.

with

whom

Nelson P. Lovins
__________________

was

on

brief

____________________
____________________

Per Curiam.

The

does not, in this

its

brief summary order by the

district court

instance, give us a sufficient basis to review

decision largely denying Allstate's requests

for costs as a

prevailing party.
On the one hand,

after reading the briefs and

argument, it appears that

not

predicated on

the grant of judgment to

single

point of

law

hearing oral

Allstate was

that, at

the

depositions

were taken and copies made, was dispositive.

other hand,

if some, but not all,

have proven clearly

lack the exposure

time

On the

of the depositions and copies

unnecessary, irrelevant,
and vantage point of

or cumulative,

the trial judge to

we

make

such a discriminating determination.

We
court

vacate the existing judgment

for

Allstate

reconsideration
is entitled

of

and remand to the district

whether,

to reimbursement.

appeal.

-2-

and

to

Costs to

what

extent,

appellant on