In the absence of any insistence from either party for a hearing upon this issue, or any showing by respondent upon this record, contrary to government counsel's affidavit, that the testimony of any such witnesses was immaterial, or that the number subpoenaed who did not testify was unduly excessive, or that the time they spent in attendance and the fees claimed for them were manifestly unreasonable, it is believed that the fees of all of petitioner's witnesses must be assessed in the total amount of $843.98 claimed. See also Federal Intermediate Credit Bank of Columbia v. Mitchell, 38 F.2d 824, 826 (Dist.Ct., E.D. South Carolina, 1930); Mueller v. Powell, 115 F. Supp. 744 (W.D.Mo., 1953); Hansen v. Bradley, 114 F. Supp. 382, 386 (D.Md. 1953); Clark v. Gifford-Hill Co., 95 F. Supp. 975, 976 (W.D.La. 1951); Cf. Simpkins v. Atchison, T. S.F.R. Co., supra. In this connection, it appears that the bulk of the witness fees were incurred upon the September 17-21, 1962 trial, in the total amount of $644.16; that of the 57 witnesses shown by the Marshal's payrolls as under subpoena, 40 received fees for only two days' attendance, 15 received fees for only one day's attendance, and only 2 received fees for four days' attendance.
The witness fees of witnesses who did not actually testify might still be taxable if the plaintiff makes some showing of good faith, for example that the witnesses were not called because the necessity for the testimony could not be measured in advance, Copperweld, 543 F. Supp. at 722; that the witnesses were not called because of a good faith determination that their testimony would have been repetitious and cumulative, United States v. Lynd, 334 F.2d 13, 16 (5th Cir. 1964); or that the witnesses were not called because their testimony was made unnecessary because of concessions and admissions made by the opposing party. Mueller v. Powell, 115 F. Supp. 744, 745 (W.D.Mo. 1953). Plaintiff has made no attempt to show that the witnesses not called to testify at trial were subpoenaed in good faith, or that there was a good faith reason for not calling them to testify.
It does not appear whether the testimony of either of such witnesses originally was necessary. Mueller v. Powell (1953), D.C., Mo., 115 F. Supp. 744. Therefore, said fees of $6.88 and $10.88 are disallowed.