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NASH v. CHANDLER

Nos. 86-2327, 87-2485.

859 F.2d 1210 (1988)

John NASH, et al., Plaintiffs-Appellees, v. Delbert CHANDLER, et al., Defendants, The City of Tyler, Texas, and Willie Hardy, Chief of Police, Etc., and The State of Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 27, 1988.

Attorney(s) appearing for the Case

W. Carl Jordan, Thomas H. Wilson, Houston, Tex., for amicus curiae Assn. General Contractors of Am.-Texas Chapter.

Daves, McCabe & Crews, Larry R. Daves, Tyler, Tex., Edward B. Cloutman, III, Dallas, Tex., for Nash.

George E. Barrett, Nashville, Tenn., for United Rubber Cork.

Charles H. Clark, Andy Tindel, Tyler, Tex., for City of Tyler and Hardy.

Mary F. Keller, Exec. Asst. Atty. Gen., Javier P. Guajardo, Asst. Atty. Gen., Austin, Tex., for State of Texas.

Before BROWN, RUBIN, and HIGGINBOTHAM, Circuit Judges.

ON PETITION FOR REHEARING

(Opinion June 30, 5th Cir.1988 848 F.2d 567)

PER CURIAM:

On the original appeal the State of Texas, an intervenor pursuant to notice from the District Court under 28 U.S.C. § 2403(b), attacked the District Court's award (i) of any fees whatsoever, and (ii) the holding of joint and several liability with the City and Hardy for such fees. We rejected (i) but upholding (ii) ordered remand...

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