Phyllis A. Anderson, Appellee, v. City of Bessemer City, North Carolina, Appellant, 762 F.2d 347 (4th Cir. 1985)

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US Court of Appeals for the Fourth Circuit - 762 F.2d 347 (4th Cir. 1985)

May 8, 1985

Before RUSSELL, WIDENER and HALL, Circuit Judges.


K.K. HALL, Circuit Judge.

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.

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.

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.

Entered with the concurrences of Circuit Judges RUSSELL and WIDENER.