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WOOTEN v. HOUSING AUTHORITY OF CITY OF DALLAS

No. 83-1573 Summary Calendar.

723 F.2d 390 (1984)

Gwain WOOTEN, on behalf of herself and others similarly situated, Plaintiffs-Appellants, v. The HOUSING AUTHORITY OF the CITY OF DALLAS, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 23, 1984.

Attorney(s) appearing for the Case

Julian, Daniel & Villarreal, Jose H. Villarreal, Dallas, Tex., for plaintiffs-appellants.

Leila Alvarado, Gen. Counsel, The Housing Auth. of Dallas, Dallas, Tex., for defendant-appellee.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.

HIGGINBOTHAM, Circuit Judge:

Gwain Wooten appeals from the district court's denial of her request for attorneys' fees made under 42 U.S.C. § 1988. The decision to award fees turns on the determination of "prevailing party" status as used in the statute. Because the district court here applied an incorrect standard in concluding that Wooten could prevail only by a victory earned in court, we remand for renewed consideration...

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