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WABASHA v. SOLEM

No. CIV79-4064.

580 F.Supp. 448 (1984)

Elroy WABASHA, et al., Plaintiffs, v. Herman SOLEM, Warden, South Dakota State Penitentiary, Defendant.

United States District Court, D. South Dakota S.D.

February 7, 1984.

Attorney(s) appearing for the Case

Terry H. Gilbert, Christopher D. Stanley, Cleveland, Ohio, and Douglas P. Cummings, Jr., Sioux Falls, S.D., for plaintiffs.

Mark V. Meierhenry, Atty. Gen., of South Dakota, and Mark W. Barnett, Asst. Atty. Gen., Pierre, S.D., for defendant.

MEMORANDUM DECISION AND ORDER

NICHOL, Senior District Judge.

This action involves an application on behalf of the plaintiffs for an award of attorneys' fees pursuant to 42 U.S.C. section 1988. Plaintiffs premised their application for attorneys' fees upon the judgment filed by this Court on February 18, 1983. Plaintiffs' application presented the following issues: (1) whether the plaintiffs were "prevailing parties" pursuant to 42 U.S.C. section 1983; and...

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