DAVIS v. EVERETT

82-494.

443 So.2d 1232 (1983)

Helen DAVIS, d/b/a Damar's Tea House v. Kenneth EVERETT, et al.

Supreme Court of Alabama.

December 22, 1983.


Attorney(s) appearing for the Case

Samuel A. Cherry, Jr. of Cherry & Givens, Dothan, for appellant.

D. Taylor Flowers of Buntin & Cobb, Dothan, for appellees.


BEATTY, Justice.

Plaintiff, Helen Davis, appealed from a judgment denying attorney's fees under 42 U.S.C. § 1988 (Supp. IV 1980).1 We reverse and remand.

The issues before this Court on appeal are:

(1) Whether plaintiff was a "prevailing party" under 42 U.S.C. § 1988;

(2) Whether special circumstances existed which precluded an award of attorney's fees under 42 U.S.C. § 1988; and

(3) Whether...

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