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MARTIN v. HECKLER

No. 83-3058.

733 F.2d 1499 (1984)

Inez MARTIN, et al., Plaintiffs, Henri Mae King, Plaintiff-Appellant, v. Margaret HECKLER, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

Opinion on Granting Rehearing September 21, 1984.

Attorney(s) appearing for the Case

R.A. Culbertson, Orlando, Fla., Barry C. Laboda, Carlos Marin-Rosa, Orlando, Fla., for plaintiffs.

Gwenda J. Kelley, Baltimore, Md., Claire D. Dryfuss, Dept. of Health & Rehabilitation Services, Tallahassee, Fla., Robert W. Genzman, Asst. U.S. Atty., Orlando, Fla., for defendants-appellees.

Before RONEY and HENDERSON, Circuit Judges, and DYER, Senior Circuit Judge.

Opinion on Granting Rehearing En Banc September 21, 1984.

DYER, Senior Circuit Judge:

This appeal presents the question whether or not plaintiffs' attorneys are entitled to an award of attorneys fees against the federal and state defendants pursuant to the Civil Rights Attorneys Fees Awards Act, 42 U.S.C. § 1988 (1976) and the Equal Access to Justice Act, 28 U.S.C. § 2412 (1982). The district court, without passing upon whether the statutes would...

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