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GILBERT v. CITY OF LITTLE ROCK, ARK.

Nos. 87-2128, 87-2189.

867 F.2d 1062 (1989)

Johnnie GILBERT, Horace Walters, Andrew Lockhart, and Billy O'Donald, Appellants/Cross-appellees, v. The CITY OF LITTLE ROCK, ARKANSAS; The Civil Service Commission of the City of Little Rock, Arkansas; Walter E. "Sonny" Simpson, individually and in his official capacity as Chief of Police of the City of Little Rock, Arkansas; and Carlton E. McMullin, individually and in his official capacity as City Manager of the City of Little Rock, Arkansas, Appellees/Cross-appellants, Julius Bryant, Jack Matlock, Mixie Alexander, Jesse Briscoe, Grady Anthony, Marcella Wilson, and Larry Bazzelle, Intervenors-Below.

United States Court of Appeals, Eighth Circuit.

Decided January 27, 1989.

PER CURIAM.

The order of the district court1 awarding appellants expert witness fees as expenses under 42 U.S.C. § 1988 at the statutory rate of $30 per day, 28 U.S.C. § 1821, for a total award of $900.00,2 is affirmed by the vote of an equally divided court.

The remaining issues are remanded to the original panel...

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