Gilbert v. City of Little Rock, Arkansas

Full title: JOHNNIE GILBERT, HORACE WALTERS, ANDREW LOCKHART, AND BILLY O'DONALD…

Court: United States Court of Appeals, Eighth Circuit

Date published: Jan 27, 1989

867 F.2d 1062 (8th Cir. 1989)

Opinion

Nos. 87-2128, 87-2189.

Submitted December 8, 1988.

Decided January 27, 1989.

Appeals from United States District Court for the Eastern District of Arkansas; Elsijane Trimble Roy, Judge.

Before LAY, Chief Judge, HEANEY,^_ McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, and BEAM, Circuit Judges, en banc.

_ The HONORABLE GERALD W. HEANEY assumed senior status on January 1, 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 $900.00² is affirmed by the vote of an equally divided court.

1 The Honorable Elsijane T. Roy, United States District Judge for the Eastern District of Arkansas.

2 Gilbert v. City of Little Rock, No. LR-C-78-340, slip op. at 9-10 (E.D.Ark. Aug. 7, 1987) (order), citing Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987).

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