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SANTIAGO v. VICTIM SERVICES AGCY. OF METRO. ASSIST.

Nos. 442, 443, Dockets 84-7558, 84-7560.

753 F.2d 219 (1985)

Denise SANTIAGO and Terry L. Birmingham, Plaintiffs-Appellants, and Gabe Kaimowitz, Esq., Appellant and Attorney for Plaintiffs-Appellants, v. VICTIM SERVICES AGENCY of the METROPOLITAN ASSISTANCE CORP., Lucy Friedman, Director, John Blackmore, Kevin Byrne, Carole Peters, Karen Morello, and Lana S. Flame, individually and in their official capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 11, 1985.

Attorney(s) appearing for the Case

Robert L. Becker, New York City (Jorge Batista and Puerto Rican Legal Defense and Education Fund, Inc., New York City, on the brief), for plaintiffs-appellants Santiago and Birmingham.

Richard Emery, New York Civil Liberties Union, New York City, for appellant Kaimowitz.

Karen Berger Morello and Lana S. Flame, New York City, submitted a brief for defendants-appellees.

Before TIMBERS, VAN GRAAFEILAND and PIERCE, Circuit Judges.

TIMBERS, Circuit Judge:

The sole question presented by these appeals is whether the district court had jurisdiction to award attorney's fees to appellees after appellants had filed a notice of dismissal of the action pursuant to Fed.R.Civ.P. 41(a)(1)(i) and before appellees had served an answer or a motion for summary judgment. We hold that the district court did not have jurisdiction to award attorney's fees.

The appeals are from two orders entered in the...

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