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MERCER v. DUKE UNIVERSITY

No. 04-1191.

401 F.3d 199 (2005)

Heather Sue MERCER, Plaintiff-Appellee, v. DUKE UNIVERSITY, Defendant-Appellant, and Fred Goldsmith, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: March 1, 2005.

Attorney(s) appearing for the Case

Stephen M. McNabb, Fulbright & Jaworski, Washington, D.C., for Appellant.

Burton Craige, Patterson Harkavy, L.L.P., Raleigh, North Carolina, for Appellee.

John M. Simpson, Michelle C. Pardo, Caroline M. Mew, Fulbright & Jaworski, Washington, D.C., for Appellant.

Melinda Lawrence, Patterson Harkavy, L.L.P., Raleigh, North Carolina, for Appellee.

Before LUTTIG, TRAXLER, and KING, Circuit Judges.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge LUTTIG and Judge KING joined.

OPINION

TRAXLER, Circuit Judge.

Duke University appeals from the district court's order awarding Heather Sue Mercer almost $350,000 in attorney's fees in her Title IX action against Duke. Duke contends that because Mercer's recovery was ultimately limited to an award of nominal damages, she is not entitled to attorney's fees, or at least not...

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