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RIDDELL v. NATIONAL DEMOCRATIC PARTY

No. 78-2839.

624 F.2d 539 (1980)

Tom H. RIDDELL, Jr. et al., Plaintiffs-Appellees, v. The NATIONAL DEMOCRATIC PARTY et al., Defendants-Appellants, v. Honorable William L. WALLER, Governor of the State of Mississippi, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 18, 1980.

Attorney(s) appearing for the Case

Neil Bradley, Laughlin McDonald, Atlanta, Ga., Frank R. Parker, Jackson, Miss., for defendants-appellants.

Stennett, Wilkinson & Ward, James A. Peden, Jr., Gene A. Wilkinson, Jackson, Miss., for Tom H. Riddell, et al.

Peter M. Stockett, Jr., Asst. Atty. Gen., Jackson, Miss., for William Waller and other state officials.

Before THORNBERRY, ANDERSON and THOMAS A. CLARK, Circuit Judges.

THORNBERRY, Circuit Judge:

In this case we must decide whether the district court abused its discretion in denying attorneys' fees to the prevailing party in a suit under 42 U.S.C. § 1983 (1976). Because the special circumstances recited by the district court do not justify the denial of attorneys' fees in this case, we reverse the judgment and remand the case to the court below.

I. Facts and Proceedings.

This is the second appeal to...

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