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REED v. RHODES

Nos. 81-3417, 81-3418.

691 F.2d 266 (1982)

Robert Anthony REED, III, et al., Plaintiffs-Appellees, v. James A. RHODES, et al., Defendants, Ohio State Board of Education and Superintendent of Public Instruction (81-3417), Defendants-Appellants, Cleveland Board of Education (81-3418), Defendant-Appellant, Daniel R. McCarthy, Intervenor-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 20, 1982.

Attorney(s) appearing for the Case

Mark O'Neill (argued), Weston, Hurd, Fallon, Paisley & Howley, Cleveland, Ohio, for defendants-appellants in No. 81-3417.

William H. Baughman, Jr., Squire, Sanders & Dempsey, Cleveland, Ohio, for defendants-appellants in both cases.

James L. Hardiman, Cleveland, Ohio (argued), Thomas I. Atkins, Teresa Demchak, N.A.A.C.P., New York City, for plaintiffs-appellees.

Leonard Kleinman (argued), Phillip C. Furber, Robert A. Ronallo, McCarthy, Lebit, Crystal, Kleinman & Gibbons, Cleveland, Ohio, for intervenor-appellee.

George I. Meisel, James P. Murphy, John H. Bustamante, Bustamante, Donohoe, Palmisano & Company, L.P.A., Cleveland, Ohio, for defendant-appellant in No. 81-3418.

Before EDWARDS, Chief Judge, and LIVELY and ENGEL, Circuit Judges.

LIVELY, Circuit Judge.

The defendants in this school desegregation case appeal from the district court's second interim allowance of fees to a special master. The allowance covers services of the special master from March 1, 1978 to August 30, 1980. After conducting a hearing the district court awarded fees to the master of $511,261.98. In addition the special master was permitted to recover out-of-pocket expenses in the amount of $11,638.01. Reed v. Rhodes,

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