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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

Frazier v. the BOARD OF TRUSTEES OF NORTHWEST MISSISSIPPI REGIONAL MEDICAL CENTER, 777 F.2d 329 (5th Cir. 1985)
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Court
Court of Appeals for the Fifth Circuit · U.S. Courts of Appeals
Decided
December 4, 1985
Docket
No. 83-4679
Judges
Goldberg, Rubin, Hill
Citations
777 F.2d 32939 Fair Empl. Prac. Cas. (BNA) 8721 Am. Disabilities Cas. (BNA) 7911985 U.S. App. LEXIS 2492738 Empl. Prac. Dec. (CCH) 35,793
Summary
ON PETITION FOR REHEARING

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion — Per Curiam

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 ”) to the end of section IV, at 765 F.2d 1295 ) is withdrawn, and the following is substituted: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

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Cited by 17 cases

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1987: 11988: 11992: 21993: 11994: 21995: 41996: 12001: 22021: 12023: 12024: 119872026peak 1995 · 4

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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.

Authorities cited 3

DepthCaseCited by
Denton v. First Nat'l Bank of Waco, Tex., 765 F.2d 1295 (1st Cir. 1985) 166
Frazier v. The Bd. of Trs. of Northwest Miss. Reg'l Med. Ctr., 765 F.2d 1278 (5th Cir. 1985) 92
Uviedo v. Steves Sash & Door Co., 753 F.2d 369 (5th Cir. 1985) 13

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