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MARTIN v. HECKLER

No. 83-3058.

773 F.2d 1145 (1985)

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

United States Court of Appeals, Eleventh Circuit.

October 15, 1985.

Attorney(s) appearing for the Case

R.A. Culbertson and Barry C. Laboda, Orlando, Fla., for plaintiffs/plaintiff-appellant.

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

Before GODBOLD, Chief Judge, and RONEY, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HENDERSON, HATCHETT, ANDERSON and CLARK, Circuit Judges.

RONEY, Circuit Judge:

This appeal presents the question of whether plaintiffs are entitled to attorney's fees against federal and state defendants pursuant to the Civil Rights Attorney's Fees Awards Act, 42 U.S.C.A. § 1988 and the Equal Access to Justice Act (EAJA), 28 U.S.C.A. § 2412.

The district court, without passing upon whether the statutes would otherwise authorize attorney's fees, refused to make...

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