STRATOS v. DEPARTMENT OF PUBLIC WELFARE


387 Mass. 312 (1982)

439 N.E.2d 778

MICHAEL STRATOS vs. DEPARTMENT OF PUBLIC WELFARE.

Supreme Judicial Court of Massachusetts, Hampshire.

August 31, 1982.


Attorney(s) appearing for the Case

Jim Hammerschmith for the plaintiff.

Judith S. Yogman, Assistant Attorney General, for the defendant.

Present: HENNESSEY, C.J., WILKINS, NOLAN, LYNCH, & O'CONNOR, JJ.


HENNESSEY, C.J.

Both parties appeal from an award, by a Superior Court judge, of attorney's fees under 42 U.S.C. § 1988 (1976). The Department of Public Welfare (department) contends that no fee was warranted, and the plaintiff seeks a higher fee. We conclude that the judge was correct in his decision to award an attorney's fee. We remand the case for further consideration by the judge of the proper fee for trial and...

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