WATKINS v. McMILLAN

No. 85-7411. Non-Argument Calendar.

779 F.2d 1465 (1985)

John C. WATKINS, Plaintiff-Appellant, v. John M. McMILLAN, Jr., Individually and as Commissioner of Alabama Department of Conservation and Natural Resources, and Gary J. Beers, Individually and as Assistant Commissioner of the Alabama Department of Conservation, and Natural Resources, John Hodnett, as Commissioner of the Alabama Department of Conservation and Natural Resources, Kenny Nichols, Assistant Commissioner of the Alabama Department of Conservation and Natural Resources and Sidney Bledsoe, Director of the Parks Division of the Alabama Department of Conservation and Natural Resources, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 13, 1985.


Attorney(s) appearing for the Case

DeMent & Wise, Ira DeMent, Montgomery, Ala., Alberta Murphy, Murphy & Murphy, Tuscaloosa, Ala., for plaintiff-appellant.

Winston V. Legge, Jr., Patton, Latham, Legge & Cole, Athens, Ala., for defendants-appellees.

Before RONEY, HENDERSON and HATCHETT, Circuit Judges.


PER CURIAM:

The district court denied a motion of the prevailing plaintiffs for attorney fees on the ground that it was not filed within the time required by the local rules of that court. The rule provides:

In any case in which an attorney is entitled by statute to attorney fees as the prevailing party, and such attorney fees are taxable as part of the cost, the attorney may have additional time to file his petition...

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