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PATERSON v. CITY OF EUFAULA, ALABAMA

No. 20910.

330 F.2d 608 (1964)

Zafero P. PATERSON, Appellant, v. The CITY OF EUFAULA, ALABAMA, Appellee.

United States Court of Appeals Fifth Circuit.

April 14, 1964.

Attorney(s) appearing for the Case

George B. Azar, Montgomery, Ala. (Azar, Campbell & Azar, Montgomery Ala., of counsel), for appellant.

Archie I. Grubb, Sam A. LeMaistre, Eufaula, Ala., Fred S. Ball, Jr., Montgomery, Ala. (Grubb & LeMaistre, Eufaula, Ala., Ball & Ball, Montgomery, Ala., on the brief), for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and CARSWELL, District Judge.

PER CURIAM.

This is an appeal by landowner in a condemnation proceeding, removed by her to the federal court, seeking to overturn the district court's judgment denying an attorney's fee as a part of the costs upon a voluntary dismissal of the condemnation suit by the appellee, City of Eufaula, Alabama.

There is no provision for the fixing of attorney's fees in litigation in the federal court, except as such fees are provided for by statute. The Alabama statute...

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