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VASQUEZ v. FLEMING

No. 79-1546.

617 F.2d 334 (1980)

William VASQUEZ v. Patrolman Robert FLEMING, Patrolman Wilfredo Acosta, Patrolman John Doe, Department of Public Safety, Government of the Virgin Islands, Wilfredo Acosta, Appellant.

United States Court of Appeals, Third Circuit.

February 13, 1980.

Attorney(s) appearing for the Case

James L. Hymes, III, Grunert, Stout, Hymes, Mayer & Smock, Charlotte Amalie, St. Thomas, V. I., for appellant Wilfredo Acosta.

Bernard M. Van Sluytman, Birch, deJongh & Farrelly, Charlotte Amalie, St. Thomas, V. I., for appellee.

Before GIBBONS, WEIS and GARTH, Circuit Judges.

GIBBONS, Circuit Judge.

We affirmed by judgment order, on December 7, 1979, a damage award in favor of appellee in his 42 U.S.C. § 1983 suit against defendant, Patrolman Fleming. Following our affirmance, appellee has filed a motion, seeking as the prevailing party, an award of costs and attorney's fees for the appeal. This suit was started in the district court for the Virgin Islands and raises an issue peculiar to...

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