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NAPRSTEK v. CITY OF NORWICH

No. 75-CV-41.

433 F.Supp. 1369 (1977)

Beth L. NAPRSTEK, a minor, by her mother, and next friend, Barbara C. Naprstek, et al., Plaintiffs, v. The CITY OF NORWICH, an incorporated municipality, et al., Defendants.

United States District Court, N. D. New York.

July 29, 1977.

Attorney(s) appearing for the Case

Faith A. Seidenberg, Syracuse, N. Y., Cooperating Atty., for Civil Liberties Union Central N.Y. Chapter, for plaintiffs.

Edward J. Lee, City Atty., City of Norwich, Norwich, N. Y., for defendants.

MacMAHON, District Judge.*

Counsel for plaintiffs applied for a discretionary award of attorneys' fees under 42 U.S.C. § 1988 (as amended October 19, 1976). We denied the application, without prejudice to a motion for rehearing upon submission of appropriate briefs on the matter. We grant plaintiffs' counsel's motion for rehearing and, upon reconsideration, we adhere to our original decision denying the application, for the reasons...

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