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In Slagenweit v. Slagenweit, 63 F.3d 719 (8th Cir. 1995), the
District Court denied the petition. While the appeal was pending, the
District Court awarded costs to the father. The Court of Appeals
dismissed the appeal as moot after the death of the child. The Court of
Appeals held that although the case was mooted by tragic happenstance,
the father was entitled to an award of costs as prevailing party,
District court properly calculated costs, including the cost of the
mother's deposition, a copy of the father's deposition, and of document
translation costs. The mother did not show that her deposition was
purely investigative, that the father used the copy of his deposition
for reasons other than trial preparation, or that costs for document
translation were unnecessarily incurred. |