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THOMPSON v. GOMEZ

No. 93-16650.

45 F.3d 1365 (1995)

Maurice S. THOMPSON, Charles A. Green, John Gzikowski, Keith D. Williams, Ronald E. Lanphear, Chol Soo Lee, and Andrew E. Robertson, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. James GOMEZ, Director, California Department of Corrections; George Sumner, Warden, California State Prison at San Quentin, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided January 25, 1995.

Attorney(s) appearing for the Case

Sanford Jay Rosen, Rosen, Bien & Asaro, San Francisco, CA, for plaintiffs-appellants.

James M. Humes, Deputy Atty. Gen., San Francisco, CA, for defendants-appellees.

Before: ALDISERT, GOODWIN, and SCHROEDER, Circuit Judges.

GOODWIN, Circuit Judge:

Title 42 U.S.C. § 1988 ("Fees Act") provides that in federal civil rights actions "the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs." Recoverable attorney's fees may include fees incurred while doing work on the underlying merits of the action ("merits fees") as well as fees incurred while pursuing merits fees ("fees-on-fees"). Clark v. City...

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