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AMERICAN CONSTITUTIONAL PARTY v. MUNRO

No. 79-4709.

650 F.2d 184 (1981)

AMERICAN CONSTITUTIONAL PARTY, Libertarian Party, Bicentennial Reality Party, and Socialist Workers' Party, Plaintiffs-Appellants, v. Ralph MUNRO, Secretary of State, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 6, 1981.

Attorney(s) appearing for the Case

David F. Stobaugh, Bendich, Stobaugh & Strong, Seattle, Wash., for plaintiffs-appellants.

Thomas R. Bjorgen, Olympia, Wash., for defendant-appellee.

Before WRIGHT and ANDERSON, Circuit Judges, and THOMPSON, Senior District Judge.

EUGENE A. WRIGHT, Circuit Judge:

Appellants seek attorney's fees for challenging a Washington statute which was amended, mooting their action, before the case was heard. We affirm the district court's denial of their motion for fees.

I. FACTS

Four Washington minor political parties1 (the minor parties) challenged the constitutionality of a Washington statute

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