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ZARCONE v. PERRY

No. 679, Docket 77-7509.

581 F.2d 1039 (1978)

Thomas ZARCONE, Plaintiff-Appellant, v. William M. PERRY and James Windsor, Defendants-Appellees, Robert J. Anderson and Patrick Giambalvo, Defendants.

United States Court of Appeals, Second Circuit.

Decided July 28, 1978.

Attorney(s) appearing for the Case

Arnold B. Firestone, Hauppague (Firestone & Chekenian, Hauppague, N. Y.), for plaintiff-appellant.

Stephen P. Burke, Mineola, N. Y. (O'Brien, Kelly & Rode, Mineola, N. Y.), for defendant-appellant Windsor.

William J. Fullam, Merrick, N. Y. (Curtis, Hart & Zaklukiewicz, Merrick, N. Y.), for defendant-appellee Perry.

Before FEINBERG, MANSFIELD and OAKES, Circuit Judges.

MANSFIELD, Circuit Judge:

The issue upon this appeal is whether appellant, who successfully recovered compensatory and punitive damages in a civil rights action on his own behalf in the Eastern District of New York, is also entitled to an award of attorney's fees under the Civil Rights Attorney's Fee Awards Act of 1976, 42 U.S.C. § 1988.1 Chief Judge Mishler denied an award of attorney's fees in the absence of a showing that the suit...

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