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ALLEN v. BURKE

No. 81-1781.

690 F.2d 376 (1982)

Richmond R. ALLEN and Jesse W. Nicholson, Appellees, v. Basil C. BURKE, Jr., Judge of the General District Court for the County of Culpeper, Virginia, Defendant, and Gladys Pulliam, Magistrate for the County of Culpeper, Virginia, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 22, 1982.

Rehearing and Rehearing Denied November 29, 1982.

Attorney(s) appearing for the Case

Linwood T. Wells, Jr., Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Va., Richmond, Va., on brief), for appellant.

Deborah C. Wyatt, Charlottesville, Va. (Wyatt & Rosenfield, Charlottesville, Va., on brief), for appellees.

Before WINTER, Chief Judge, and ERVIN and CHAPMAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 29, 1982.

ERVIN, Circuit Judge:

Gladys Pulliam, Magistrate for Culpeper County, Virginia, appeals from an order of the district court awarding $7,308.00 in attorney fees against her pursuant to the Civil Rights Attorneys' Fees Awards Act of 1976, 42 U.S.C. § 1988. Pulliam contends that, as a judicial officer, she is absolutely immune from an award of attorney fees. In the alternative, she contends that the...

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