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CHICANO POLICE OFFICER'S ASS'N v. STOVER

No. 78-1591.

624 F.2d 127 (1980)

CHICANO POLICE OFFICER'S ASSOCIATION, et al., and Refugio Beserra et al., Plaintiffs-Appellants, v. Robert V. STOVER, Chief of Police, Albuquerque Police Department et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided June 17, 1980.

Attorney(s) appearing for the Case

Ray M. Vargas, Albuquerque, N. M., for plaintiffs-appellants.

George R. Bryan, III, Albuquerque, N. M. (William L. Kraemer, Albuquerque, N. M., with him on brief), for defendants-appellees.

Before SETH, Chief Judge, and HOLLOWAY and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Appellants were plaintiffs in a consolidated civil rights action that was settled before trial. After the settlement plaintiffs moved for an award of attorney's fees pursuant to 42 U.S.C. §§ 1988 and 2000e-5(k). The court denied the motion, stating that the stipulated judgment did not specify a prevailing party and did not provide for payment of attorney's fees. This appeal followed.

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