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LOTZ REALTY CO., INC. v. U.S. DEPT. OF HOUSING

No. 82-1700.

717 F.2d 929 (1983)

LOTZ REALTY CO., INC. and Paul K. Lotz, Appellees, v. UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; Mr. William J. Pelle, Jr.; Virginia Real Estate Commission; Richard C. Kast, Defendants, and Anti-Defamation League and Norman Olshansky, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1983.

Attorney(s) appearing for the Case

Paul M. Lipkin, Norfolk, Va. (Goldblatt, Lipkin, Cohen, Anderson, Jenkins & Legum, P.C., Norfolk, Va., on brief), for appellants.

Sidney H. Kirstein, Lynchburg, Pa. (McRorie, Kirstein & McMahon, Lynchburg, Va., on brief), for appellees.

Before SPROUSE and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

The Anti-Defamation League and its regional director (collectively, the League) appeal from a decision of the district court denying them attorney's fees against Lotz Realty Company, Inc., and Paul K. Lotz. We hold that the League was the prevailing party in the proceeding before the district court and, as such, is entitled to a hearing on its motion for fees.

I

The League was named as a defendant in a suit that arose...

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