United States Eighth Circuit

In a 42 U.S.C. section 1981 action alleging race discrimination against Wal-Mart, denial of Wal-Mart's claim for attorney fees under 42 U.S.C. section 1988 and for costs under Federal Rule of Civil Procedure 54(d)(1) is vacated where the district court-s reason for denying the claim for attorney fees was inconsistent with its conclusion that plaintiff failed to establish a prima facie case of racial discrimination; and the district court erred by refusing to award costs to the prevailing party without providing a more precise rationale for doing so.

Appellate Information

• Decided 12/27/2006
• Published 12/27/2006

Judges

• RILEY, Circuit Judge., Before RILEY and COLLOTON, Circuit Judges, and KYLE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael S. Moore, argued, Little Rock, AR, for appellant.


• For Appellees:
  
• Terrence Cain, argued, Little Rock, AR, for appellee.