Nazareth Gates v. John Collier, Superintendent of the Mississippi State Penitentiary

ON APPELLEES’ PETITION FOR REHEARING BEFORE THE PANEL

Before BROWN, HILL and RANDALL, Circuit Judges. PER CURIAM:

The majority, for reasons set forth in Judge Hill’s dissent, 1 is now convinced that it was in error in distinguishing between so-called out of pocket costs, on the one hand, and attorney’s fees on the other. 2

The result is that, while the Court remains divided on whether Carpa has to be overruled 3 to permit interest on attorneys fees all are in agreement that out of pocket costs and attorneys’ fees, now including all court costs, are to be treated alike with respect to interest.

App…