GATES v. COLLIER

No. 79-1844.

636 F.2d 942 (1981)

Nazareth GATES et al., Plaintiffs-Appellees, v. John COLLIER, Superintendent of the Mississippi State Penitentiary, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 26, 1981.


Attorney(s) appearing for the Case

P. Roger Googe, Jr., Peter M. Stockett, Jr., Asst. Attys. Gen., Jackson, Miss., for defendants-appellants.

Carmack M. Blackmon, Asst. Atty. Gen., Dept. of Justice, Baton Rouge, La., for amicus curiae State of Louisiana.

Lawyers Committee for Civil Rights Under Law, Frank R. Parker, Jackson, Miss., for Gates et al.

Stephen P. Berzon, San Francisco, Cal., for amicus curiae.

Before BROWN, HILL and RANDALL, Circuit Judges.


Rehearing En Banc Denied March 26, 1981. See 641 F.2d 403.

ON APPELLEES' PETITION FOR REHEARING BEFORE THE PANEL

PER CURIAM:

The majority, for reasons set forth in Judge Hill's dissent,1 is now convinced that it was in error in distinguishing between so-called out of pocket costs, on the one hand, and attorney's fees on the other.

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