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JOHNSON v. BAYLOR COLLEGE OF MEDICINE

No. 79-3961 Summary Calendar.

625 F.2d 718 (1980)

Clarence E. JOHNSON, Plaintiff-Appellant, v. BAYLOR COLLEGE OF MEDICINE et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 4, 1980.

Attorney(s) appearing for the Case

Clementine Hannah, Houston, Tex., for plaintiff-appellant.

Fulbright & Jaworski, A. J. Harper, II, Susan J. Piller, Houston, Tex., for defendants-appellees.

Before GEE, HENDERSON and HATCHETT, Circuit Judges.

PER CURIAM:

The judgment of the court below is AFFIRMED.

The court further concludes that this appeal — contesting only the taxation as costs of a $211 court reporter's fee for taking and transcribing of the losing plaintiff's deposition — is frivolous. Double costs and attorneys' fees are therefore awarded appellees, and the cause is REMANDED for their determination.

AFFIRMED...

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