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HAMILTON v. BRUCE

Civ. A. No. 80-0181(H).

552 F.Supp. 649 (1982)

Carl Shoji HAMILTON, Plaintiff, v. Roscoe BRUCE, Sheriff, et al., Defendants.

United States District Court, W.D. Virginia, Harrisonburg Division.

November 23, 1982.

Attorney(s) appearing for the Case

Raymond L. Clarke, Charlottesville, Va., for plaintiff.

E. Eugene Gunter, Lawrence R. Ambrogi, Commonwealth's Atty. for Frederick County, Winchester, Va., for defendants.

MEMORANDUM OPINION

MICHAEL, District Judge.

This matter comes on the motion of counsel for plaintiff for an allowance of attorney's fees, which motion is brought under 42 U.S.C. § 1988, on which section the jurisdiction of the court to hear and determine this matter is predicated.

Under the terms of § 1988, a first matter to be determined is whether the moving party asking for attorney's fees is the prevailing party in the litigation.<...

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