SAVAGE v. TOAN

No. 84-4292-CV-C-5.

636 F.Supp. 156 (1986)

Effie M. SAVAGE, et al., Plaintiffs, v. Barrett TOAN, Joseph O'Hara, Director, Missouri Division of Social Services, Margaret M. Heckler, Secretary of the Department of Health and Human Services, Defendants.

United States District Court, W.D. Missouri, Central Division.

April 22, 1986.


Attorney(s) appearing for the Case

James Marshall Smith, Legal Aid, Kansas City, Mo., for plaintiffs.

Paul Keller, Kathleen Wojciehowski, Dept. of Social Services, Jefferson City, Mo., Linda Parker, F.O. Griffin, Jr., U.S. Atty's. Office, Kansas City, Mo., for defendants.


ORDER

SCOTT O. WRIGHT, Chief Judge.

Pending before the Court is plaintiffs' motion for attorney's fees. For the reasons set forth below, plaintiffs will not be awarded attorney's fees under the Equal Access to Justice Act (EAJA), but will be awarded fees against both the state and federal defendants under 42 U.S.C. § 1988.

Plaintiffs' motion for fees against the federal defendant under the EAJA must be overruled because the Court finds that...

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