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N. C. DEPT. OF TRANSP. v. CREST ST. COUNCIL

No. 85-767.

479 U.S. 6 (1986)

NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ET AL. v. CREST STREET COMMUNITY COUNCIL, INC., ET AL.

Supreme Court of United States.

Decided November 4, 1986

Attorney(s) appearing for the Case

Lacy H. Thornburg, Attorney General of North Carolina, argued the cause for petitioners. With him on the briefs was James B. Richmond, Special Deputy Attorney General.

Richard J. Lazarus argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Fried, Assistant Attorney General Reynolds, Deputy Solicitor General Kuhl, and Brian K. Landsberg.

Michael D. Calhoun argued the cause for respondents. With him on the brief was Alice A. Ratliff.

JUSTICE O'CONNOR delivered the opinion of the Court.

This case presents the question whether a court may award attorney's fees under the Civil Rights Attorney's Fees Awards Act of 1976, 42 U. S. C. § 1988, in a separate federal action not to enforce any of the civil rights laws listed in § 1988, but solely to recover attorney's fees.

I

In 1957, the Durham City Council advised the North Carolina State Highway Commission of the need for a...

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