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- other statutory rights and that their denials were "uncontradicted and unimpeached by any testimony whatsoever" [Summary, p. 10, Anderson App. A-10]. A split panel of this Court reversed. The majority, per Judge Swygert, with Judge Fairchild concurring specially, concluded that a new trial was required as to: federal appellees because the case should have been submitted to the jury. uae Pell dissented. In an extensive discussion, Judge ‘Swygert draws — inference of.con- spiratorial participation by the federal appellees in the activities of the State authorities principally from the actions of the federal . appellees in supplying information to the State authorities. Judge Swygert stresses that the federal appellees were acting pursuant to the directives of their superiors in all they did, including par- ticularly any implementing of the COINTEL Program developed by FBI headquarters in Washington. Nonetheless, Judge Swygert's opinion _ xejects the federal defendants' claim of qualified official immunity because of the possible inferences which a jury might. draw as to whether federal defendants knew, or should have known, that their alleged conduct. violated plaintiffs' constitutional rights. Moreover, although the majority simply holds that questions are presented which require submission to a jury at a new trial, the majority concluded that the plaintiffs were "prevailing parties" under the Civil Rights ttorneys' Fees Awards Act and hence entitled to attorneys' fees for this appeal to be included in the costs of the appeal.