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CLIENTS' COUNCIL v. PIERCE

No. 85-1523.

778 F.2d 518 (1985)

CLIENTS' COUNCIL, Debra Wyatt, and Merlene McGloughlin, individually and on behalf of others similarly situated, Appellants, v. Samuel R. PIERCE, Jr., Secretary of the U.S. Department of Housing and Urban Development; Thomas Armstrong, Regional Administrator, Region Six, U.S. Department of Housing and Urban Development; Andrew Watts, Area Manager, U.S. Department of Housing and Urban Development; E.N. Pardue, Executive Director, Texarkana, Arkansas, Housing Authority; Jewell Shoptaw, Board Member, Texarkana, Arkansas, Housing Authority; Gene Harrelson, Board Member, Texarkana, Arkansas, Housing Authority; John Hoy, Board Member, Texarkana, Arkansas, Housing Authority; Morelle Jones, Board Member and Arlington Armstrong, Board Member, individually and in their official capacity and successors in office and Texarkana, Arkansas, Housing Authority, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 5, 1985.

Attorney(s) appearing for the Case

Michael M. Daniel, Dallas, Tex., for appellants.

William Kanter, Dept. of Justice, Washington, D.C., for appellees.

Before HEANEY, Circuit Judge, BRIGHT, Senior Circuit Judge, and BOWMAN, Circuit Judge.

HEANEY, Circuit Judge.

Debra Wyatt and Merlene McGloughlin (hereinafter Clients' Council) appeal from an order of the district court denying their petition for attorneys' fees and costs as prevailing parties under 28 U.S.C. § 2412(b), and 42 U.S.C. § 1988. The district court held that Clients' Council was not entitled to fees under sections 1988 and 2412(b) because they did not prevail under any of the statutes listed in section 1988. We reverse and remand...

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