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WEBB v. COUNTY BD. OF EDUC. OF DYER COUNTY, TENN.

Nos. 82-5154, 82-5158.

715 F.2d 254 (1983)

Leonard WEBB, Plaintiff-Appellant Cross-Appellee, v. COUNTY BOARD OF EDUCATION OF DYER COUNTY, TENNESSEE; et al., Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided August 29, 1983.

Rehearing and Rehearing Denied November 16, 1983.

Attorney(s) appearing for the Case

Avon N. Williams, Jr., Nashville, Tenn., Bill Lann Lee (lead counsel), Jack Greenberg, Deborah Fins (argued), New York City, for plaintiff-appellant, cross-appellee.

Thomas R. Prewitt, Armstrong, Allen, Braden, Goodman, McBride & Prewitt, Russell Headrick (argued), Olen C. Batchelor, Holt, Batchelor, Spicer & Ryan, Memphis, Tenn., Melvin T. Weakley, Dyersburg, Tenn., for defendants-appellees, cross-appellants.

Before CONTIE and KRUPANSKY, Circuit Judges, and GUY, District Judge.

Rehearing and Rehearing En Banc Denied November 16, 1983.

CONTIE, Circuit Judge.

The primary issue on this appeal is whether 42 U.S.C. § 1988 allows an award of attorney's fees in 42 U.S.C. § 1981 litigation for services rendered in optional state administrative proceedings. We hold that it does not.

I.

Leonard Webb, the plaintiff, was a tenured black teacher in the Dyer County schools. The Board suspended him in March, 1974 pending...

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