Summary
affirming by an equally divided court the order of the district court awarding expert witness fees as expenses under section 1988 at the statutory rate of thirty dollars a day
Summary of this case from West Virginia University Hospitals v. CaseyOpinion
Nos. 87-2128, 87-2189.
Submitted December 8, 1988.
Decided January 27, 1989.
Appeals from United States District Court for the Eastern District of Arkansas; Elsijane Trimble Roy, Judge.
The order of the district court awarding appellants expert witness fees as expenses under 42 U.S.C. § 1988 at the statutory rate of $30 per day, 28 U.S.C. § 1821, for a total award of $900.00 is affirmed by the vote of an equally divided court.
The Honorable Elsijane T. Roy, United States District Judge for the Eastern District of Arkansas.
Gilbert v. City of Little Rock, No. LR-C-78-340, slip op. at 9-10 (E.D.Ark. Aug. 7, 1987) (order), citing Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987).
The remaining issues are remanded to the original panel for decision.