LaRouche v. Kezer

U.S. Court of Appeals, Second Circuit · Decided 1994-03-29

Cited by 118 later decision(s) in our corpus · see the citation network in Lexace

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From the opinion

RESTANI, Judge: The question presented is whether civil rights plaintiffs who lose their appeal on the merits may nevertheless “prevail” for the purposes of an- award of .attorney’s fees, if they succeed in obtaining a stay and injunction pending appeal. We hold that such plaintiffs are not prevailing parties. Therefore, we reverse the district court’s award of attorney’s ■ fees under 42 U.S.C. § 1988…

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