WILKINSON v. D. M. WEATHERLY CO.

No. 81-4098. Summary Calendar.

655 F.2d 47 (1981)

Mrs. Eddie Lee WILKINSON, et al., Plaintiffs-Appellants, v. The D. M. WEATHERLY COMPANY, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

August 31, 1981.


Attorney(s) appearing for the Case

Michael S. Allred, Jackson, Miss., John S. Holmes, Sr., Bradford M. Stewart, Yazoo City, Miss., for plaintiffs-appellants.

John M. Roach, Terry Levy, Jackson, Miss., for defendants-appellees.

Before GEE, GARZA and TATE, Circuit Judges.


TATE, Circuit Judge:

The sole issue raised by the plaintiffs' appeal concerns the allowance to the defendants of attorney's fees upon the dismissal of their suit upon their motion. Shortly after suit was filed, the plaintiffs discovered a lack of federal jurisdiction and were granted their motion of voluntary dismissal for want of federal jurisdiction. Finding the award to be either erroneous or an abuse of discretion in the circumstances, we vacate and disallow the...

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