ZEPHIER v. PIERCE

No. 83-1066.

714 F.2d 856 (1983)

Myrna Grace ZEPHIER, Appellee, Arthur Harris, individually and on behalf of all others similarly situated, v. Samuel R. PIERCE, Jr., in his capacity as Secretary of the United States Department of Housing and Urban Development; Thomas Feeney, in his official capacity as Area Director of the Minneapolis-St. Paul Area of the United States Department of Housing and Urban Development; Phillip A. Hagedorn in his official capacity as Executive Director of the Minneapolis Housing and Redevelopment Authority, Donald Hedquist and LeRoy Hedquist, Appellants. TRS Commerce Corporation, a Minnesota corporation; and Kevin W. Nordhausen.

United States Court of Appeals, Eighth Circuit.

Decided August 19, 1983.


Attorney(s) appearing for the Case

Eric J. Magnuson, John B. Lunseth, III, Rider, Bennett, Egan & Arundel, Minneapolis, Minn., for defendants-appellants.

M. Francesca Chervenak, Legal Aid Society of Minneapolis, Inc., Randall Smith, Minneapolis, Minn., for plaintiff-appellee.

Before HEANEY, Circuit Judge, and FLOYD R. GIBSON and ROSENN, Senior Circuit Judges.


HEANEY, Circuit Judge.

Donald and LeRoy Hedquist appeal from the district court's award of attorneys' fees to Myrna Zephier pursuant to 42 U.S.C. § 1988. We reverse.

On January 13, 1981, Zephier agreed to rent an apartment from the Hedquists under a one-year Section 8 Existing Housing lease. On February 28, LeRoy Hedquist wrote Zephier a letter, which stated that her tenancy was being terminated as of March 31, 1981, because she had committed several...

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