GARRITY v. SUNUNU

Nos. 83-1946, 83-1947.

752 F.2d 727 (1984)

Sandra GARRITY, etc., et al., Plaintiffs, Appellees, v. John SUNUNU, Governor of the State of New Hampshire, et al., Defendants, Appellants. Sandra GARRITY, etc., et al., Plaintiffs, Appellants, v. John SUNUNU, Governor of the State of New Hampshire, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 27, 1984.


Attorney(s) appearing for the Case

Bruce E. Mohl, Asst. Atty. Gen., Boston, Mass., with whom Gregory H. Smith, Atty. Gen. and James A. Sweeney, Concord, N.H., were on brief, for John Sununu, Governor of State of N.H., et al.

Richard A. Cohen, Manchester, N.H., with whom John D. MacIntosh, Concord, N.J., was on brief, for Sandra Garrity, etc., et al.

Francis X. Bellotti, Atty. Gen., Judith S. Yogman, Asst. Atty. Gen., Boston, Mass., Government Bureau, James E. Tierney, Atty. Gen., Augusta, Me., Miguel Pagan, Deputy Sol. Gen., Gerardo Mariani, Asst. Sol. Gen., San Juan, P.R., and Dennis J. Roberts, II, Atty. Gen., Providence, R.I., on brief, for Com. of Mass., State of Me., Com. of P.R. and State of R.I., amici curiae.

William R. Yeomans, Atty., Washington, D.C., with whom Wm. Bradford Reynolds, Asst. Atty. Gen., and Jessica Dunsay Silver, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellee U.S.

John D. MacIntosh, Concord, N.H., with whom Richard A. Cohen, and Alan Linder, Concord, N.H., were on brief, for Sandra Garrity, etc., et al.

Gerald M. Zelin, Salem, N.H., with whom Soule, Leslie, Bronstein & Zelin, Salem, N.H., was on brief, for appellees Salem School Dist., et al.

Before CAMPBELL, Chief Judge, BOWNES, Circuit Judge, and HUNTER, Senior District Judge.


LEVIN H. CAMPBELL, Chief Judge.

These are two appeals concerning an award of attorneys' fees arising out of a largely successful civil rights class action brought by residents of the Laconia State School and Training Center ("Laconia") of New Hampshire. We affirm the judgment of the district court in all except one particular.

I. THE FACTS

We begin by recounting some of the history of the case. Laconia is the only state institution that provides...

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