IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-30935 consolidated with No. 01-31405

TERRY ZAFFUTO; SUSAN ZAFFUTO, Plaintiffs - Appellees-Cross-Appellants versus CITY OF HAMMOND; ET AL, Defendants CITY OF HAMMOND, Defendants - Appellants-Cross-Appellees; KENNY CORKERN, Defendant-Appellant.

Appeals from the United States District Court for the Eastern District of Louisiana November 18, 2002 ON PETITION FOR REHEARING Before REAVLEY, BARKSDALE, and CLEMENT, Circuit Judges.

PER CURIAM: Because the underlying opinion, Zaffuto v. City of Hammond, 308 F.3d 485 (5th Cir. 2002), reverses in part and remands for a new trial, the district court’s award of attorney’s fees to plaintiffs is VACATED. On remand, the district court shall, at the appropriate time, re-determine whether and to what extent the plaintiffs are entitled to attorney’s fees.

In all other respects, the petition for rehearing is DENIED.