Citation Codes Equivalent Citations citation codes Docket Number No. 88-2570. Attorney(S) Roderick O. Lawrence and Lisa Rice, Houston, Tex., for defendants-appellants cross-appellees. Gerald M. Birnberg and Jim Oitzinger, Houston, Tex., for Alberti, et al. Judges E. Grady Jolly Patrick Errol Higginbotham See more information ... Smart Summary Please sign up to generate summary. LAWRENCE R. ALBERTI, ET AL., PLAINTIFFS-APPELLEES CROSS-APPELLANTS, v. JOHNNY KLEVENHAGEN, ET AL., DEFENDANTS-APPELLANTS CROSS-APPELLEES. ON PETITIONS FOR REHEARING [2] (Opinion March 21, 1990, 5th Cir., 896 F.2d 927) PER CURIAM: With one exception, we deny the petitions for rehearing filed in this case. In our original opinion, Alberti v. Klevenhagen, 896 F.2d 927 (5th Cir. 1990), we reversed the district court's $5.00 enhancement of the hourly rate to compensate plaintiffs' attorneys for case undesirability. We now vacate that portion of the opinion and affirm the district court's case undesirability enhancement. We are now persuaded that the district court's finding that an enhancement for case undesirability was required to attract competent counsel to take on this undesirable prison conditions litigation was supported by the record. We find that support in testimony by plaintiffs' attorneys and an expert economist on how the local market treats undesirable cases. We defer action on Oitzinger and Birnberg's motion for fees and costs incurred in prosecuting this appeal until entry of judgment on remand.