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DUNCAN v. POYTHRESS

No. 84-8076.

750 F.2d 1540 (1985)

Elizabeth D. DUNCAN, et al., Plaintiffs-Appellants, v. David B. POYTHRESS, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 24, 1985.

Attorney(s) appearing for the Case

Kathleen Kessler, Atlanta, Ga., for plaintiffs-appellants.

Robert J. Winicki, Jacksonville, Fla., for amicus curiae Winicki.

Patrick McKee, Asst. Atty. Gen., Atlanta, Ga., for defendants-appellees.

Before KRAVITCH and ANDERSON, Circuit Judges, and ATKINS, District Judge.

KRAVITCH, Circuit Judge:

Appellant Kathleen Kessler appeals the denial of her application for attorney's fees pursuant to 42 U.S.C. § 1988. During the early part of this litigation, Kessler represented plaintiffs Duncan and Stout; during the remainder of the litigation, after she was added as a plaintiff, Kessler represented herself. The lower court denied fees for the period in which Kessler represented herself under the theory that a lawyer who appears pro...

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