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WHEELER v. DURHAM CITY BD. OF ED.

Nos. 77-1835, 77-1836.

585 F.2d 618 (1978)

Warren H. WHEELER et al., and C. C. Spaulding et al., Appellants, v. The DURHAM CITY BOARD OF EDUCATION et al., Appellees. Warren H. WHEELER et al., and C. C. Spaulding et al., Appellees, v. The DURHAM CITY BOARD OF EDUCATION et al., Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 2, 1978.

Attorney(s) appearing for the Case

Jonathan Wallas, Charlotte, N. C. (J. LeVonne Chambers, Louis L. Lesesne, Jr., Chambers, Stein, Ferguson & Becton, Charlotte, N. C., Jack Greenberg and James Nabrit, New York City, on brief), for appellants in 77-1835 and appellees in 77-1836.

Marshall T. Spears, Jr., Durham, N. C. (Spears, Barnes & Baker, Durham, N. C., on brief), for appellees in 77-1835 and appellants in 77-1836.

Before HAYNSWORTH, Chief Judge, WINTER, Circuit Judge, and CHAPMAN, District Judge.

WINTER, Circuit Judge:

The award of counsel fees in a school desegregation case is the subject of these cross-appeals. While the actual fee has not been fixed, the district court has ruled with respect to the basis on which the award will be made. Plaintiffs assert error on the part of the district court for failing to make an award for services rendered prior to July 1, 1972, and for excluding related litigation expenses in its computation of the fee award. Defendant...

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