625 F2d 718 Johnson v. Baylor College of Medicine

625 F.2d 718

Clarence E. JOHNSON, Plaintiff-Appellant,
v.
BAYLOR COLLEGE OF MEDICINE et al., Defendants-Appellees.

No. 79-3961.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Sept. 4, 1980.

Appeal from the United States District Court for the Southern District of Texas; Woodrow B. Seals, Judge.

Clementine Hannah, Houston, Tex., for plaintiff-appellant.

Fulbright & Jaworski, A. J. Harper, II, Susan J. Piller, Houston, Tex., for defendants-appellees.

Before GEE, HENDERSON and HATCHETT, Circuit Judges.

PER CURIAM:

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1

The judgment of the court below is AFFIRMED.

2

The court further concludes that this appeal--contesting only the taxation as costs of a $211 court reporter's fee for taking and transcribing of the losing plaintiff's deposition--is frivolous. Double costs and attorneys' fees are therefore awarded appellees, and the cause is REMANDED for their determination.

3

AFFIRMED AND REMANDED.