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JEFF D. v. EVANS

No. 83-3839.

743 F.2d 648 (1984)

JEFF D., Paul E., John M., and Dusty R., minors individually and on behalf of the class they represent, by and through their next friend, Charles Johnson, and Mark Clary, Intervenor, Plaintiffs-Appellants, v. John V. EVANS, individually and in his official capacity as Governor of the State of Idaho, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 20, 1984.

Attorney(s) appearing for the Case

L. Charles Johnson, III, Johnson, Olson & Charetered, Pocatello, Idaho, for plaintiffs-appellants.

James Wickham, Deputy Atty. Gen., Boise, Idaho, for defendants-appellees.

Before SCHROEDER, FARRIS, and REINHARDT, Circuit Judges.

SCHROEDER, Circuit Judge.

This is an appeal from an order denying attorney's fees in a 42 U.S.C. § 1983 class action to improve conditions of mentally and emotionally handicapped children institutionalized by the State of Idaho. The attorney's fee application followed a settlement agreement in which the defendants agreed to institutional improvements favorable to the interests of the class, but declined to bear any of plaintiffs' attorney's fees. This appeal...

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