Opinion

Criterion Club of Albany v. The Board of Commissioners of Dougherty County, Georgia, Defendants

  • 594 F.2d 118
  • 1979 U.S. App. LEXIS 13820
Court
Court of Appeals for the Fifth Circuit
Filed
Jun 20, 1979
Status
Published
On the bench
Coleman, Fay, Rubin
Cited by
57 cases
Authority
More cited than 25.2%

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.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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