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HARBULAK v. COUNTY OF SUFFOLK

No. 1276, Docket 80-9152.

654 F.2d 194 (1981)

Stephen J. HARBULAK, Plaintiff-Appellee, v. COUNTY OF SUFFOLK, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 15, 1981.

Attorney(s) appearing for the Case

Stephen J. Harbulak, pro se.

Erick F. Larsen, Asst. County Atty., Hauppauge, N. Y. (David J. Gilmartin, Suffolk County Atty., Hauppauge, N. Y., of counsel), for defendant-appellant.

Before LUMBARD and OAKES, Circuit Judges, and POLLACK, District Judge.

OAKES, Circuit Judge:

This appeal is by the defendant, the County of Suffolk, which seeks attorney's fees in connection with the dismissal of a civil rights action brought against it by plaintiff Stephen J. Harbulak. The United States District Court for the Eastern District of New York, Eugene H. Nickerson, Judge, in granting summary judgment for the County, held that the action was not "totally without foundation" and declined to consider awarding to the County attorney...

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