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HOWARD v. PHELPS

Civ. A. No. 76-3828.

443 F.Supp. 374 (1978)

Oliver HOWARD, Noah Lee Brock, Hilton J. Taylor, Michael Strahan and William Washington, Individually and on behalf of all others similarly situated and Larry Dillon, Plaintiffs, v. C. Paul PHELPS, Secretary for the Department of Corrections for the State of Louisiana, Raymond Oliver, Fire Marshal for the State of Louisiana, John M. Bruce, Director of the Louisiana State Division of Health, William Stewart, Commissioner of the Louisiana Health and Human Resources Administration, Willie J. Blair, Sheriff for the Parish of Washington, et al., Defendants.

United States District Court, E. D. Louisiana.

January 12, 1978.

Attorney(s) appearing for the Case

Robert M. Hearin, Jr., Russell & Derussy, R. James Kellogg, New Orleans, La., for plaintiffs.

William J. Guste, Jr., Atty. Gen., New Orleans, La., J. Marvin Montgomery, Asst. Atty. Gen., Baton Rouge, La., for C. Paul Phelps, William Stewart, John M. Bruce, and State of La.

Donald M. Fendlason, Asst. Dist. Atty. for 22nd Jud. Dist., Bogalusa, La., for Fussell, Wascom, Simmons, Adams, Carrier, D. Crain, H. Crain, J. Crain, Dodds, Stuart, Fornea, Stewart, Kennedy and Thomas.

James, Knight & Brumfield, A. Clayton James, Jr., Franklinton, La., for Willie J. Blair.

CASSIBRY, District Judge:

We must decide here whether a party who has petitioned for and has been granted a preliminary injunction is entitled to interim attorney's fees as a "prevailing party" under the Civil Rights Attorney's Fees Awards Act of 1976, Pub.L. 94-559, § 2, Oct. 19, 1976, 90 Stat. 2641, codified at 42 U.S.C. § 1988. That Act provides in relevant part: "In any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and...

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