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WILLIAMS v. BUTLER

Nos. 83-2534, 83-2641.

762 F.2d 73 (1985)

Debbie WILLIAMS and Linda Stanley, Plaintiffs/Appellees Cross-Appellants, v. William R. BUTLER, Defendant, v. CITY OF LITTLE ROCK, ARKANSAS, Third Party Defendant Appellant/Cross-Appellee.

United States Court of Appeals, Eighth Circuit.

Decided May 13, 1985.

Attorney(s) appearing for the Case

Thomas Carpenter, Little Rock, Ark., for third party defendant appellant, cross-appellee.

Philip Kaplan, Little Rock, Ark., for plaintiffs, appellees, cross-appellants.

Before LAY, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and HEANEY, BRIGHT, ROSS, McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG and BOWMAN, Circuit Judges, en banc.

ORDER

The district court's decision is affirmed by an equally divided court. Chief Judge Lay, and Judges Floyd R. Gibson, Heaney, Bright, and Arnold vote to affirm the district court's decision. Judges Ross, McMillian, John R. Gibson, Fagg, and Bowman vote to reverse the district court's decision.

Appellee Williams' request for attorney fees is granted, with the following modification. Because appellee did not prevail on the punitive damages issue, the cost...

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