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Phyllis A. Anderson v. City of Bessemer City, North Carolina, 83-1278 (1985)

Court: Court of Appeals for the Fourth Circuit Number: 83-1278 Visitors: 15
Filed: May 08, 1985
Latest Update: Feb. 22, 2020
Summary: 762 F.2d 347 Phyllis A. ANDERSON, Appellee, v. CITY OF BESSEMER CITY, NORTH CAROLINA, Appellant. No. 83-1278. United States Court of Appeals, Fourth Circuit. May 8, 1985. Before RUSSELL, WIDENER and HALL, Circuit Judges. ORDER K.K. HALL, Circuit Judge. 1 Appellee Phyllis A. Anderson has filed a motion to vacate award of costs to appellant and award costs to appellee, and appellant Bessemer City has responded in opposition to the motion. 2 On September 19, 1983, this Court reversed the judgment o
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762 F.2d 347

Phyllis A. ANDERSON, Appellee,
v.
CITY OF BESSEMER CITY, NORTH CAROLINA, Appellant.

No. 83-1278.

United States Court of Appeals,
Fourth Circuit.

May 8, 1985.

Before RUSSELL, WIDENER and HALL, Circuit Judges.

ORDER

K.K. HALL, Circuit Judge.

1

Appellee Phyllis A. Anderson has filed a motion to vacate award of costs to appellant and award costs to appellee, and appellant Bessemer City has responded in opposition to the motion.

2

On September 19, 1983, this Court reversed the judgment of the district court and thereafter awarded Bessemer City $1,009.40 in costs. 717 F.2d 149 (4th Cir.) reversing 557 F. Supp. 412. On March 19, 1985, the Supreme Court of the United States reversed the judgment of this Court and awarded Anderson $7,167.50 in costs. --- U.S. ----, 105 S. Ct. 1504, 84 L. Ed. 2d 518. Anderson now seeks to vacate this Court's previous award of costs to Bessemer City and to award costs in her favor.

3

IT IS HEREBY ORDERED that Anderson's motion is granted, the previous award of costs in favor of Bessemer City is vacated, and Anderson is awarded $312.00 in costs as the prevailing party.

4

Entered with the concurrences of Circuit Judges RUSSELL and WIDENER.

Source:  CourtListener

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