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ANDERSON v. MORRIS

Nos. 81-1007, 81-1008.

658 F.2d 246 (1981)

John B. ANDERSON, Appellant, and D. A. Bert Booth, Kevin P. McCleaf, Gerald M. Eisenstat, Plaintiffs, v. Willard A. MORRIS, in his official capacity as State Administrator of the Election Laws, State Administrative Board of Election Laws; Theodore N. Clark, in his official capacity as Chairman of the State Administrative Board of Election Laws; James W. Johnson, in his official capacity as Vice-Chairman of the State Administrative Board of Election Laws; Reginald A. Asplen, in his official capacity as a member of the State Administrative Board of Election Laws; Karen Lancaster, in her official capacity as a member of the State Administrative Board of Election Laws; Sylvia Raphael, in her official capacity as a member of the State Administrative Board of Election Laws; State Administrative Board of Election Laws, Appellees. John B. ANDERSON, D. A. Bert Booth, Kevin P. McCleaf, Gerald M. Eisenstat, Appellees, v. Willard A. MORRIS, in his official capacity as State Administrator of the Election Laws, State Administrative Board of Election Laws; Theodore N. Clark, in his official capacity as Chairman of the State Administrative Board of Election Laws; James W. Johnson, in his official capacity as Vice-Chairman of the State Administrative Board of Election Laws; Reginald A. Asplen, in his official capacity as a member of the State Administrative Board of Election Laws; Karen Lancaster, in her official capacity as a member of the State Administrative Board of Election Laws; Sylvia Raphael, in her official capacity as a member of the State Administrative Board of Election Laws; State Administrative Board of Election Laws, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 1, 1981.

Attorney(s) appearing for the Case

Henry R. Lord, Thomas J. Gisriel, Baltimore, Md. (Michael C. Powell, Piper & Marbury, Mitchell Rogovin, George T. Frampton, Jr., Ellen M. Semonoff, Rogovin, Stern & Huge, Washington, D. C., on brief), for appellant/appellees.

Diana G. Motz, Asst. Atty. Gen., Baltimore, Md. (Stephen H. Sachs, Atty. Gen. of Md., Robert A. Zarnoch, Asst. Atty. Gen., Baltimore, Md., on brief), for appellees/appellants.

Before BUTZNER, Circuit Judge, FIELD, Senior Circuit Judge, and RICHARD C. ERWIN, United States District Judge for the Middle District of North Carolina, sitting by designation.

BUTZNER, Circuit Judge:

John B. Anderson appeals from an order of the district court's awarding him $10,000 in attorneys' fees pursuant to 42 U.S.C. § 1988. Anderson contends that the court considered improper factors in reducing his fee award to less than 25 percent of the amount he requested. The State of Maryland cross-appeals, alleging that the court lacked jurisdiction to award any fees because the request was untimely. Finding that the court had jurisdiction...

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