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GARY v. SPIRES

No. 80-1146.

634 F.2d 772 (1980)

Vera E. GARY, Perry Smith, Karen R. Davis, and Sharon E. Hamby, Individually and as representatives of all others similarly situated, Appellants, v. J. Fred SPIRES, Individually and in his official capacity as Administrator of the Check Clearing House for Lexington County, South Carolina; American Fire & Casualty Insurance of Orlando, Florida; Fogles Food City, Appellees, and The County of Lexington; Piggly Wiggly Corporation, Inc.; Bi-Lo, Inc., Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 9, 1980.

Attorney(s) appearing for the Case

Jean L. Perrin, Columbia, S. C., (John Earl Duncan, Rogers, Duncan, Fullwood & Perrin, Columbia, S. C., on brief), for appellants.

William F. Able, Columbia, S. C., for appellees.

Before BRYAN, Senior Circuit Judge, and RUSSELL and WIDENER, Circuit Judges.

PER CURIAM:

Plaintiffs, Vera E. Gary et al., appeal an award of attorney's fees under 42 U.S.C. § 19881 to defendants J. Fred Spires and several merchants whom he represented. The allowance followed plaintiffs' unsuccessful suit against Spires et al. in the Federal District Court for South Carolina for the abuse of process, allegedly amounting to an abrogation of their civil rights, 42 U...

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