corrective legislation, in compliance with parties' agreement, enacted after lawsuit initiated
How later courts described this case
- corrective legislation, in compliance with parties' agreement, enacted after lawsuit initiated
- no special circumstances where defendants never admitted liability, defendants took remedial action in response to the lawsuit, and the case did not proceed far before becoming moot
- suit a factor in legislative reapportionment
- Settlement agreement which precipitated remedial legislation could support determination that plaintiff had prevailed.
Written by the judges who cited it.
The opinion
*121 ON PETITION FOR REHEARING
Before COLEMAN, FAY and RUBIN, Circuit Judges.
PER CURIAM:
IT IS ORDERED that the petition for rehearing filed in the above entitled and numbered cause be and the same is hereby GRANTED. The district court is instructed that, if it determines that the plaintiffs are the prevailing parties and entitled to attorney’s fees, it should include in its award fees for the prosecution of this appeal. See Fain v. Caddo Parish Police Jury, 5 Cir. 1977, 564 F.2d 707 , 710 n.5.