Zaffuto v. City of Hammond

Opinion

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-30935 consolidated with No. 01-31405

TERRY ZAFFUTO; SUSAN ZAFFUTO,

Plaintiffs - Appellees-Cross-Appellants versus

CITY OF HAMMOND; ET AL,

Defendants

CITY OF HAMMOND,

Defendants - Appellants-Cross-Appellees; KENNY CORKERN,

Defendant-Appellant.

Appeals from the United States District Court for the Eastern District of Louisiana

November 18, 2002

ON PETITION FOR REHEARING

Before REAVLEY, BARKSDALE, and CLEMENT, Circuit Judges.

PER CURIAM:

Because the underlying opinion, Zaffuto v. City of Hammond, 308

F.3d 485 (5th Cir. 2002), reverses in part and remands for a new

trial, the district court’s award of attorney’s fees to plaintiffs

is VACATED. On remand, the district court shall, at the appropriate

time, re-determine whether and to what extent the plaintiffs are

entitled to attorney’s fees. In all other respects, the petition for rehearing is DENIED.