Gates v. Collier, 79-1844
Decision Date | 07 January 1981 |
Docket Number | No. 79-1844,79-1844 |
Citation | 636 F.2d 942 |
Parties | Nazareth GATES et al., Plaintiffs-Appellees, v. John COLLIER, Superintendent of the Mississippi State Penitentiary, et al., Defendants-Appellants. |
Court | U.S. Court of Appeals — Fifth Circuit |
P. Roger Googe, Jr., Peter M. Stockett, Jr., Asst. Attys. Gen., Jackson, Miss., for defendants-appellants.
Carmack M. Blackmon, Asst. Atty. Gen., Dept. of Justice, Baton Rouge, La., for amicus curiae State of Louisiana.
Lawyers Committee for Civil Rights Under Law, Frank R. Parker, Jackson, Miss., for Gates et al.
Stephen P. Berzon, San Francisco, Cal., for amicus curiae.
Appeal from the United States District Court for the Northern District of Mississippi.
ON APPELLEES' PETITION FOR REHEARING BEFORE THE PANEL
Before BROWN, HILL and RANDALL, Circuit Judges.
The majority, for reasons set forth in Judge Hill's dissent, 1 is now convinced that it was in error in distinguishing between so-called out of pocket costs, on the one hand, and attorney's fees on the other. 2
The result is that, while the Court remains divided on whether Carpa has to be overruled 3 to permit interest on attorneys fees all are in agreement that out of pocket costs and attorneys' fees, now including all court costs, are to be treated alike with respect to interest.
Appellees' Petition for Rehearing by the panel is accordingly granted.
1 "Although I am of the opinion that Carpa (Carpa, Inc. v. Ward Foods, Inc., 567 F.2d 1316 (5th Cir.)) prevents the awarding of interest on out-of-pocket expenses, I must dissent from the majority's holding disallowing interest on those costs." 616 F.2d 1268, 1280 (5th Cir. 1980).
... "There is nothing to suggest that Congress considered attorneys' fees more important or less important than other litigation expenses.... there is more reason to allow interest on out-of-pocket expenses than on attorneys' fees." 616 F.2d at 1282.
... "Were I not of the opinion that Carpa prevents us from allowing interest on any part of costs, I would not hesitate...
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