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POLK v. NEW YORK STATE DEPT. OF CORR. SERVICES

No. 379, Docket 83-7593.

722 F.2d 23 (1983)

Barbara POLK, Plaintiff-Appellant, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES, a State Agency, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 25, 1983.

Attorney(s) appearing for the Case

James I. Meyerson, New York City, for plaintiff-appellant.

Clifford A. Royael, Principal Atty., Albany, N.Y. (Robert Abrams, Atty. Gen., William J. Kogan, Asst. Sol. Gen., Albany, N.Y., on brief), for defendants-appellees.

Before TIMBERS, NEWMAN and CARDAMONE, Circuit Judges.

NEWMAN, Circuit Judge:

This is an appeal from an order of the District Court for the Northern District of New York (Howard G. Munson, Chief Judge) awarding attorney's fees pursuant to 42 U.S.C. § 1988 (Supp. V 1981). The successful plaintiff to whom fees were awarded contends that the District Judge erred in calculating a fee based on the prevailing rates charged by competent civil rights lawyers in the Northern District, rather than the higher prevailing rates...

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