Dorothy FRAZIER v. the BOARD OF TRUSTEES OF NORTHWEST MISSISSIPPI REGIONAL MEDICAL CENTER
39 Fair empl.prac.cas. 872, 38 Empl. Prac. Dec. P 35,793 Dorothy Frazier v. the Board of Trustees of Northwest Mississippi Regional Medical Center
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion
OPINION PER CURIAM:
On the appellant’s Petition for Rehearing, the court orders that the following be substituted for footnote 31 of the court’s original opinion, 765 F.2d at 1291:
31 Frazier also moved under Rule 59(c) for the district court to alter or amend its judgment in favor of the Lifetron defendants if the court granted her Rule 60(b)(6) motion with respect to the Northwest defendants. Because we uphold the court’s denial of Frazier’s Rule 60(b)(6) motion, we need not address this Rule 59(c) motion.
That part of the court’s original opinion discussing attorney’s fees (from the second full paragraph on 765 F.2d 1292 (beginning with “With regard to appellant’s claim for an interim award of attorney’s fees... ”) to the end of section IV, at 765 F.2d 1295 ) is withdrawn, and the following is substituted:
With regard to appellant’s claim for an interim award of attorney’s fees under 42 U.S.C. § 1988 , we regard our decision in Uviedo v. Steves Sash & Door Co., 753 F.2d 369 (on petition for rehearing), peti *330 tion for reh’g en banc denied, 760 F.2d 87 (1985), as controlling and therefore deny appellant’s claim for interim attorney’s fees in the present case. Appellant’s success in obtaining a preliminary injunction cannot be considered separable from or unrelated to her ultimate failure to prevail on the merits of her claim.
In all other respects, the appellant’s Petition for Rehearing is DENIED.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
-
(“Imbued with an identity all its own, every state action inquiry partakes only slightly of the factual stuff of other cases.”)
Cited by 17 cases
View all citing references →Relies on it most ⓘ
- National Broadcasting Company, Inc. v. Communications Workers of America, Afl-Cio
- Duhon v. Board of Supervisors for Louisiana State University and Agricultural and Mechanical College
- Gallagher v. Neil Young Freedom Concert
- Rayburn v. Hogue
- LaRouche v. Kezer
- William Taylor v. City of Fort Lauderdale, Leo Callahan, Etc., Donald R. Hall, Etc.
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.