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WEST v. KEVE

No. 83-1085.

721 F.2d 91 (1983)

WEST, Kermit, Appellant, v. KEVE, Paul W., in his capacity as Director of the Division of Adult Corrections of the State of Delaware and Anderson, Raymond, in his capacity as Superintendent of Delaware Correctional Center.

United States Court of Appeals, Third Circuit.

Decided November 9, 1983.

Rehearing and Rehearing Denied November 29, 1983.

Attorney(s) appearing for the Case

William C. Anderson, Anderson, Converse & Fennick, York, Pa., John C. Landis, Lawrence Wimbush, The Delaware Law School, Wilmington, Del., for appellant.

John J. Polk, Deputy Atty. Gen., Delaware Dept. of Justice, Wilmington, Del., for appellees.

Before ALDISERT and BECKER, Circuit Judges, and COHILL, District Judge.

Submitted Under Third Circuit Rule 12(6) September 29, 1983.

Rehearing and Rehearing In Banc Denied November 29, 1983.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal presents two questions. First, whether a party dissatisfied with the disposition of the cause on the merits in a federal civil rights suit must appeal after the resolution of the case in chief or may wait until the determination of the attorney's fee award. Second...

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