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COBB v. MILLER

Nos. 86-3105, 86-3635.

818 F.2d 1227 (1987)

Elbert A. COBB and Gail Smith Cobb, Husband and Wife, Plaintiffs-Appellants, v. Beauregard H. MILLER, Jr., Individually and as the Chief of Police for the City of Gretna Police Department, et al., Defendants-Appellees, Patrolman Richard Panuski, et al., Defendants-Appellees. WESTERN WORLD INSURANCE COMPANY, et al., Plaintiffs-Appellants, v. Elbert A. COBB, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 15, 1987.

Attorney(s) appearing for the Case

James Carter, Porteous, Hainkel, Johnson & Sarpy, New Orleans, La., for Western World & Panuski.

Robert J. Caluda, New Orleans, La., for Cobb.

Lawrence J. Centola, Jr., George J. Nalley, Jr., New Orleans, La., for Forum Ins. Co.

Randall A. Fish, Lemle, Kelleher, Kohlmeyer, Dennery, Hunley, Moss & Paul B. Deal, Frilot, Michael T. Cali, New Orleans, La., for Caluda.

Before WISDOM, WILLIAMS and HILL, Circuit Judges.

ROBERT MADDEN HILL, Circuit Judge:

This consolidated appeal involves three issues: whether the district court erred in calculating the amount of attorney's fees that plaintiff Elbert Cobb was entitled to under 42 U.S.C. § 1988; whether the issue of attorney's fees under section 1988 is a collateral issue for purposes of finality and appealability; and whether the district court erred in concluding that Western World Insurance Company did not have an action for...

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