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CHURCH OF SCIENTOLOGY v. CITY OF CLEARWATER

No. 91-3760.

2 F.3d 1509 (1993)

CHURCH OF SCIENTOLOGY FLAG SERVICE, ORG., INC., Plaintiff-Appellant, v. CITY OF CLEARWATER, Thomas Bustin, City Attorney of the City of Clearwater, Lucille Williams, City Clerk of the City of Clearwater, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 30, 1993.

Attorney(s) appearing for the Case

Eric M. Lieberman, Edward Copeland, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York City, Paul B. Johnson, Johnson & Johnson, Tampa, FL, for plaintiff-appellant.

Frank Kowalski, Chief Asst. City Atty., M.A. Galbraith, Jr., Alan S. Zimmet, Covert & Zimmet, Clearwater, FL, Lawrence R. Velvel, Windham, NH, for defendants-appellees.

Before ANDERSON and DUBINA, Circuit Judges, and CLARK, Senior Circuit Judge.

DUBINA, Circuit Judge:

Appellant Church of Scientology Flag Service Organization, Inc. ("Scientology") challenges the district court's order denying its petition for attorneys' fees ints civil rights action brought against the appellee, City of Clearwater, Florida (the "City"). The district court's ruling was based on its determination that Scientology was not a "prevailing party" under 42 U.S.C. § 1988.1 Because we hold that Scientology...

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