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BRANDENBURGER v. THOMPSON

No. 72-2224.

494 F.2d 885 (1974)

David J. BRANDENBURGER, for himself and all other persons similarly situated, Plaintiffs-Appellants, and Clyde E. Reighard, Plaintiff-Intervenor, v. Myron B. THOMPSON, Individually and in his capacity as duly appointed Director of the Department of Social Services and Housing of the State of Hawaii, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

March 25, 1974.

Attorney(s) appearing for the Case

John S. Edmunds (argued), Mattoch, Edmunds, Kemper & Brown, Peter A. Lee, Legal Aid Society, Honolulu, Hawaii, J. Anthony Kline, Public Advocates, Inc., San Francisco, Cal., for plaintiffs-appellants.

Robert P. Jaress, Deputy Atty. Gen. (argued), George Pai, Atty. Gen. of Hawaii, Honolulu, Hawaii, for defendant-appellee.

Before KOELSCH, WRIGHT and TRASK, Circuit Judges.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

Brandenburger appeals from a denial of his motion for reasonable attorneys' fees following the entry of a consent judgment. We reverse and remand.

In Shapiro v. Thompson, 394 U.S. 618, 89 S.Ct. 1322, 22 L.Ed.2d 600 (1969), the Supreme Court ruled unconstitutional state statutes denying welfare benefits to residents who had not resided within the state for at least one year immediately...

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