CRITERION CLUB OF ALBANY v. BOARD OF COM'RS, ETC.

No. 78-3066 Summary Calendar.

594 F.2d 118 (1979)

CRITERION CLUB OF ALBANY et al., Plaintiffs-Appellants, v. The BOARD OF COMMISSIONERS OF DOUGHERTY COUNTY, GEORGIA, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted June 20, 1979.


Attorney(s) appearing for the Case

David F. Walbert, Atlanta, Ga., Herbert E. Phipps, Albany, Ga., for plaintiffs-appellants.

Perry, Walters, Lippitt & Custer, Albany, Ga., for defendants-appellees.

Before COLEMAN, FAY and RUBIN, Circuit Judges.


PER CURIAM:

The appeal in this case concerns only whether the plaintiffs-appellants were prevailing parties in the action for the purpose of determining whether they are entitled to an award of attorney's fees; and, if so, the amount due. We find the record inadequate to enable us to determine whether the plaintiffs are entitled to an award of fees, and remand for determination of further facts.

On Dec. 2, 1976, the plaintiffs brought a class action on behalf...

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