State of Kansas, Plaintiff v. State of Colorado (556 U.S. 98)
U.S. Supreme Court · decided March 9, 2009 · Supreme Court Database (Spaeth)
- Citation
- 556 U.S. 98 · 129 S. Ct. 1294
- Decided
- March 9, 2009
- Term
- October Term 2008
- Vote
- 9–0
- Majority author
- Justice Alito
- Issue area
- Interstate Relations
- Outcome
- Petitioning party lost
- Ideological direction
- Unspecifiable
Opinion excerpt
(Slip Opinion) OCTOBER TERM, 2008 1 Syllabus NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber & Lumber Co., 200 U. S. 321 , 337. SUPREME COURT OF THE UNITED STATES Syllabus KANSAS v. COLORADO ON EXCEPTION TO REPORT OF SPECIAL MASTER No. 105, Orig. Argued December 1, 2008—Decided March 9, 2009 Kansas has filed an exception to the Special Master’s Fifth and Final Report in this action concerning the Arkansas River, contending that the Special Master erred in concluding that 28 U. S. C. §1821 (b), which sets the witness attendance fee for a proceeding in “any court of the United States” at $40 per day, applies to cases within this Court’s original jurisdiction. This determination led to an award considerably lower than the amount that Kansas, as the prevailing party, would have received under its alternative calculation. Held: Expert witness attendance fees that are available in cases brought under this Court’s original jurisdiction shall be the same as the expert witness attendance fees that would be available in a dis trict court under §1821(b). Kansas contends that Congress has never attempted to…
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