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SMITH v. THOMAS

No. 82-1089 Summary Calendar.

725 F.2d 354 (1984)

L.R. SMITH, Plaintiff-Appellee, v. Carl THOMAS, et al., Defendants, County of Dallas, Texas, et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Opinion on Denial of Rehearing and Rehearing May 3, 1984.

Attorney(s) appearing for the Case

Earl Luna, Dallas, Tex., for County of Dallas, Tex., et al.

James C. Barber, Dallas, Tex., Garnett E. Hendrix, Jr., Dallas, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, and POLITZ and HIGGINBOTHAM, Circuit Judges.

Opinion on Denial of Rehearing and Rehearing En Banc May 3, 1984.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

In our original decision in this case, Smith v. Thomas, 687 F.2d 113 (5th Cir.1982), we held that the record would not support an award of attorney's fees under 42 U.S.C. § 1988 to plaintiff L.R. Smith, as he had failed to demonstrate that he was a "prevailing party" in his suit charging his former employer...

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