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RICHMOND v. CARTER

No. 79-1421.

616 F.2d 381 (1980)

Emma J. RICHMOND; Loucile Vaughn; Willie L. Shotwell; Joe M. McKinney; Marvenia L. Malone; Hattie F. Jones; Doris M. McKinney; Callie L. Turner; Erma L. Wofford; Reginald F. Smith; Diann D. Tunstall; Marjorie Johnson; and Hosea D. Tunstall, Appellants, v. James H. CARTER, Superintendent of the Marion School District; Sy Bond, Jr., President; Jim Featherson; Adolph Pirant; Bill Lenderman and Harry East, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1980.

Attorney(s) appearing for the Case

Prather G. Randle, argued, John W. Walker, James P. Massie and David E. Parker, on brief, Little Rock, Ark., for appellants.

G. Ross Smith, Friday, Eldredge & Clark, argued, William R. Wilson, argued and on brief, and G. Ross Smith, on brief, Little Rock, Ark., for appellee.

Before LAY, Chief Judge, McMILLIAN, Circuit Judge, and HARPER, Senior District Judge.

HARPER, Senior District Judge.

This is an appeal from the denial of a motion by District Judge Garnett Eisele to set aside a joint stipulation for dismissal entered on January 18, 1979.

The plaintiffs were referred to Philip Kaplan by a representative of the NAACP Legal Defense Fund, and at that time they signed retainer agreements naming Kaplan as their attorney. Kaplan filed a complaint alleging that the named plaintiffs...

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