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BREAZEALE BY AND THROUGH BREAZEALE v. SMITH

No. 88-4002 Summary Calendar.

857 F.2d 258 (1988)

Luther B. BREAZEALE, By and Through His Mother and Next Friend, Nancy BREAZEALE, Plaintiff-Appellant v. Larkin SMITH, Sheriff of Harrison County, Mississippi and Deputy Sheriff Ray C. Miller, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 11, 1988.

Attorney(s) appearing for the Case

Thomas E. Vaughn, Gulfport, Miss., for plaintiff-appellant.

James E. Steel, Gulfport, Miss., for defendants-appellees.

Before RUBIN, GARWOOD, and DAVIS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

Expressly declining to impose sanctions, the district court ordered a party to this suit and that party's lawyer jointly to pay the expenses incurred by the opposing parties as a result of a delay in the trial that was occasioned by the failure of a witness to appear without fault on the part of the party or his lawyer. We hold that the district court lacked authority to exact such a payment.

I.

Relying on 42 U.S.C...

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