ROBINSON v. RITCHIE

No. 80-1171.

646 F.2d 147 (1981)

Kate O. ROBINSON, Nelson L. Tench, Mrs. Nelson L. Tench, C. J. Price, Virginia Maddra, Apul Moore, Lula Abernathy, each individually and as representatives of all others similarly situated, Appellants, v. Robert RITCHIE, individually and as Chairman of the Dinwiddie County Water Authority; John H. Clements, individually and as Co-Chairman of the Dinwiddie County Water Authority; John W. Scarborough, individually and as a member of the Dinwiddie County Water Authority; Frank N. Hale, individually and as a member of the Dinwiddie County Water Authority; T. J. Leftwich, individually and as a member of the Dinwiddie County Water Authority and the Dinwiddie County Board of Supervisors; M. G. Rainey, Jr., individually and as a member of the Dinwiddie County Water Authority; Grace S. Bennett, Jr., individually and as Chairman of the Dinwiddie County Board of Supervisors; Milton J. Hargrave, Jr., individually and as a member of the Dinwiddie County Board of Supervisors, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 13, 1981.


Attorney(s) appearing for the Case

S. Strother Smith, III, Abingdon, Va., for appellants.

Patricia H. Schwarzschild, Richmond, Va. (Robert H. Patterson, Jr., Howard Feller, McGuire, Woods & Battle, Richmond, Va., on brief), for appellees.

Before WINTER, BUTZNER and WIDENER, Circuit Judges.


BUTZNER, Circuit Judge:

Kate O. Robinson and other named plaintiffs in this class action appeal the district court's award against them of attorneys' fees. Because the district court made no finding that the plaintiffs acted in bad faith, we vacate the district court's judgment and remand the case for further proceedings.

This action was brought in an attempt to obtain declaratory, injunctive, and monetary relief...

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