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YOUNG v. KENLEY

No. 79-1234.

614 F.2d 373 (1979)

Willie E. YOUNG, Appellant, v. Dr. J. B. KENLEY, Individually and as Commissioner of Health, Virginia State Department of Health; Sarah E. Sayers, Individually and as Director of Public Health Nursing, Virginia State Department of Health; Wayne Hardin, Individually and as Director of Personnel, Virginia State Department of Health; H. H. Hedley, Individually and as Retired and Former Director of Personnel, Virginia State Department of Health, jointly and severally, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 11, 1979.

Attorney(s) appearing for the Case

Brent E. Simmons, New York City (Elaine R. Jones, New York City, Charles M. L. Mangum, Leonard L. Brown, Jr., Lynchburg, Va., on brief), for appellant.

John R. Butcher, Richmond, Va. (R. Leonard Vance, Robert T. Adams, Asst. Attys. Gen., Richmond, Va., on brief), for appellees.

Before HAYNSWORTH, Chief Judge, and RUSSELL and SPROUSE, Circuit Judges.

PER CURIAM:

Plaintiff filed a civil rights action under 42 U.S.C. § 1983 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. The action was settled during trial. Plaintiff moved for an award of attorney's fees pursuant to 42 U.S.C. §§ 1988 and 2000e-5(k), contending that she was the "prevailing party." The district court denied such relief, Young v. Kenley, 465 F.Supp. 1260

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