In Lane v. Person, the court (Brennan/Scudder/Kirsch, per curiam) reduces the judgment of costs against Lane, finding that one of the charges—a $2,750 “witness fee” for the deposition of another doctor who treated the plaintiff—was improper because the U.S. Code sets the amount of costs chargeable to the losing party for a witness fee at $40. The court dismisses the defendant’s argument that the doctor’s witness fee was really an expert fee because (1) no one disclosed the doctor as an expert under Rule 26, and (2) even if he was a witness, he was defendant’s witness (retained by him through the fee), and that fee, like other expert witness charges, is not recoverable.