Opinion
No. 75-4313.
December 18, 1978. Rehearing Denied January 19, 1979.
Max P. Flusche, Jr., Asst. Atty. Gen., John L. Hill, Atty. Gen., David M. Kendall, First Asst. Atty. Gen., Joe B. Dibrell, Lonny F. Zwiener, Asst. Attys. Gen., Austin, Tex., for State of Texas.
Douglas C. Young, Keith W. Burris, Asst. Crim. D. Attys., San Antonio, Tex., for Butler.
Edgar Pfeil, Asst. City Atty., Jane Haun Macon, Steven W. Arronge, Asst. City Attys., San Antonio, Tex., for Peters.
Frierson M. Graves, Jr., Memphis, Tenn., Gerald H. Goldstein, San Antonio, Tex., for R. C. Dexter Southland King Arts.
Appeals from the United States District Court for the Southern District of Texas.
Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN and VANCE, Circuit Judges.
Judge Morgan was a member of the en banc court under 28 U.S.C.A. § 46(c) and participated in the oral argument of the case en banc. Subsequently, the Omnibus Judgeship Bill, Public Law 95-486 (95th Congress) was approved October 20, 1978. In view of this, Judge Morgan does not participate in this decision.
The en banc court adopts as its opinion herein so much of the panel opinion as commences at 559 F.2d 1286 following the sub-heading "II. DEXTER v. BUTLER." We supplement the portion of that opinion concerning attorneys' fees by reference to Part IV of our en banc opinion in the king Arts Theatre case handed down today, 587 F.2d 159 (5th Cir. 1978). It is so ORDERED.