867 F.2d 1062
48 Fair Empl.Prac.Cas. 1608,
49 Empl. Prac. Dec. P 38,655
Johnnie GILBERT, Horace Walters, Andrew Lockhart, and Billy
O'Donald, Appellants/Cross-appellees,
v.
The CITY OF LITTLE ROCK, ARKANSAS; The Civil Service
Commission of the City of Little Rock, Arkansas; Walter E.
"Sonny" Simpson, individually and in his official capacity
as Chief of Police of the City of Little Rock, Arkansas;
and Carlton E. McMullin, individually and in his official
capacity as City Manager of the City of Little Rock,
Arkansas, Appellees/Cross-appellants,
Julius Bryant, Jack Matlock, Mixie Alexander, Jesse Briscoe,
Grady Anthony, Marcella Wilson, and Larry
Bazzelle, Intervenors-Below.
Nos. 87-2128, 87-2189.
United States Court of Appeals,
Eighth Circuit.
Submitted Dec. 8, 1988.
Decided Jan. 27, 1989.
Appeals from United States District Court for the Eastern District of Arkansas; Elsijane Trimble Roy, Judge.
Prior report: 8 Cir., 799 F.2d 1210.
Before LAY, Chief Judge, HEANEY,* McMILLIAN, ARNOLD, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, and BEAM, Circuit Judges, en banc.
PER CURIAM.
The order of the district court1 awarding appellants expert witness fees as expenses under 42 U.S.C. Sec. 1988 at the statutory rate of $30 per day, 28 U.S.C. Sec. 1821, for a total award of $900.00,2 is affirmed by the vote of an equally divided court.
The remaining issues are remanded to the original panel for decision.
The HONORABLE GERALD W. HEANEY assumed senior status on January 1, 1989
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)