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GATES v. COLLIER

No. 73-1790.

489 F.2d 298 (1973)

Nazareth GATES et al., Plaintiffs-Appellees, and United States of America, Plaintiff-Intervenor-Appellee, v. John COLLIER, Superintendent, Mississippi State Penitentiary, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 5, 1973.

Attorney(s) appearing for the Case

A. F. Summer, Atty. Gen. of Miss., William A. Allain, Asst. Atty. Gen., P. Roger Googe, Jr., Sp. Asst. Atty. Gen., Jackson, Miss., for defendants-appellants.

Roy S. Haber, Native American Rights Fund, Boulder, Colo., Frank R. Parker, Jackson, Miss., Edward J. Reilly, New York City, for plaintiffs-appellees.

Michael Davidson, Jesse H. Queen, Thomas R. Sheran, U. S. Dept. of Justice, Civil Rights Div., Washington, D. C., H. M. Ray, U. S. Atty., Oxford, Miss., for intervenor.

Before TUTTLE, BELL and GOLDBERG, Circuit Judges.

TUTTLE, Circuit Judge:

This appeal deals only with the correctness of the judgment of the trial court awarding attorney fees to the plaintiffs in this prisoner suit. It grew out of, and is a companion case to, Gates, et al., and United States v. John Collier, Superintendent, etc., No. 73-1023, which is under submission to this Court.

In the original complaint, filed by counsel now seeking counsel fees, and later supported by the United States of America, which...

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