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STANWOOD v. GREEN

No. 83-4017.

744 F.2d 714 (1984)

Orvin C. STANWOOD, Plaintiff-Appellant, v. Ralph GREEN, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 5, 1984.

Attorney(s) appearing for the Case

Jerome E. LaBarre, Portland, Or., for plaintiff-appellant.

I. Franklin Hunsaker, III, Ronald E. Bailey, Bullivant, Houser, Bailey, Pendergrass, Hoffman, O'Connell & Goyak, Portland, Or., for defendants-appellees.

Before GOODWIN and SCHROEDER, Circuit Judges, and JAMESON, District Judge.

PER CURIAM:

This appeal involves attorney's fees in long-running litigation under 42 U.S.C. § 1983 over conditions in the Coos County Jail. For attorney's fees to be awarded under section 1988, the underlying suit must have been "pending" on October 19, 1976, the effective date of the attorney's fees statute. Hutto v. Finney, 437 U.S. 678, 694 n. 23, 98 S.Ct. 2565, 2575 n. 23, 57 L.Ed.2d 522 (1978). The district court, in...

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