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SPAIN v. MOUNTANOS

No. 81-4173.

690 F.2d 742 (1982)

Johnny L. SPAIN, et al., Plaintiffs-Appellees, v. Louis MOUNTANOS, et al., Defendants, and Kenneth Cory, Controller, of the State of California, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 21, 1982.

Attorney(s) appearing for the Case

Gordon Zane, San Francisco, Cal., for defendant-appellant.

Paul Halvonik, Halvonik & Halvonik, Berkeley, Cal., for plaintiffs-appellees.

Before GOODWIN, FLETCHER and POOLE, Circuit Judges.

POOLE, Circuit Judge.

This is an appeal by the Controller of the State of California, Kenneth Cory, from an order of the district court directing him to issue a warrant on the State Treasurer for payment of attorney's fees owed to appellees as the prevailing party under 42 U.S.C. § 1988. The district court issued the order after the State legislature refused to appropriate the money for the award. In this appeal Cory claims that the district court erred in invoking...

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