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ANTHONY v. MARION COUNTY GENERAL HOSPITAL

No. 79-3265. Summary Calendar.

617 F.2d 1164 (1980)

Mrs. Althea ANTHONY, Plaintiff-Appellant, v. MARION COUNTY GENERAL HOSPITAL, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

May 29, 1980.

Attorney(s) appearing for the Case

Page, Patton & Moyo, Jackson, Miss., Robert L. Gibbs, Hattiesburg, Miss., for plaintiff-appellant.

Fuselier, Ott, McKee & Flowers, M. Curtiss McKee, Jeffrey A. Walker, Jackson, Miss., for defendant-appellee.

Before GODBOLD, REAVLEY and ANDERSON, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

Mrs. Anthony appeals the dismissal with prejudice of the action below as well as the award of attorney's fees to the defendant hospital. We affirm the dismissal, but vacate the award of attorney's fees and remand.

I. FACTS

On February 8, 1979, Mrs. Anthony filed a two count suit under Title VII of the 1964 Civil Rights Act and 42 U.S.C.A. § 1981 on behalf of herself and on behalf of all others similarly...

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