CANTERBURY NUR. HOME, INC. v. ALA. HEALTH ETC. AG.

81-457.

425 So.2d 1103 (1983)

CANTERBURY NURSING HOME, INC., Ottis Cook and Virginia Cook v. ALABAMA STATE HEALTH PLANNING AND DEVELOPMENT AGENCY, et al.

Supreme Court of Alabama.

January 28, 1983.


Attorney(s) appearing for the Case

Alvin T. Prestwood and Claude P. Rosser, Jr., Montgomery, for appellants.

Charles A. Graddick, Atty. Gen., and Elizabeth N. Petree, Asst. Atty. Gen., for appellee.


ADAMS, Justice.

This is an appeal from a judgment of the Montgomery County Circuit Court, denying attorneys' fees to the prevailing party in the suit. The fees were claimed pursuant to 42 U.S.C. § 1988.

The sole issue presented on appeal is whether the trial court erred in refusing to award attorneys' fees to the appellants pursuant to 42 U.S.C. § 1988. We answer in the affirmative and reverse.

The salient facts are as follows: In July, 1977...

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