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RAINEY v. JACKSON STATE COLLEGE

No. 74-2621.

591 F.2d 1002 (1979)

Kenneth T. RAINEY, Plaintiff-Appellant, Cross Appellee, v. JACKSON STATE COLLEGE et al., etc., Defendants-Appellees, Cross Appellants.

United States Court of Appeals, Fifth Circuit.

March 20, 1979.

Attorney(s) appearing for the Case

A. Spencer Gilbert, III, Barry H. Powell, Jackson, Miss., for plaintiff-appellant, cross appellee.

A. F. Summer, Atty. Gen., Ed Davis Noble, Jr., William A. Allain, Asst. Attys. Gen., Jackson, Miss., M. M. Roberts, Hattiesburg, Miss., for defendants-appellees, cross appellants.

Before COLEMAN, GODBOLD and HILL, Circuit Judges.

ON PETITIONS FOR REHEARING AND PETITION FOR REHEARING EN BANC

(Opinion May 2, 1977, 5 Cir., 1977, 551 F.2d 672).

PER CURIAM:

The plaintiff-appellant Rainey has filed a petition for rehearing and the appellees a petition for rehearing and rehearing en banc. In their petition the appellees raise the argument that they are not "persons" within the meaning of 42 U.S.C. § 1983, and are not liable for attorneys...

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