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AM. U. FOR SEP. OF CHURCH & ST. v. SCH. DIST., ETC.

No. 86-1860.

835 F.2d 627 (1987)

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE, et al., Plaintiffs, Phyliss Ball; Katherine Pieper; Gilbert Davis; Patricia Davis; Frederick L. Schwass; Walter Bergman, Plaintiffs-Appellants, v. The SCHOOL DISTRICT OF the CITY OF GRAND RAPIDS; Phillip Runkel, Superintendent of Public Instruction of the State of Michigan, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided December 16, 1987.

Rehearing and Rehearing Denied February 25, 1988.

Attorney(s) appearing for the Case

Albert R. Dilley, Nancy L. Dilley (argued), Grand Rapids, Mich., for plaintiffs-appellants.

William S. Farr, John R. Oostema (argued), Farr & Oosterhouse, Grand Rapids, Mich., Gerald F. Young, Asst. Atty. Gen., Lansing, Mich., Stuart D. Hubbell [Garcia-Aguilar], Hubbell, Houlihan, Elhart and Bishop, Traverse City, Mich., for defendants-appellees.

Before LIVELY, Chief Judge, MILBURN, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 25, 1988.

LIVELY, Chief Judge.

This is an appeal from denial of a motion for attorney's fees brought pursuant to 42 U.S.C. § 1988, as amended by Pub.L. 94-559, the Civil Rights Attorney's Fees Awards Act of 1976.1 The plaintiffs who sought the award of fees were the prevailing parties in an action to enjoin programs by which a public school system leased classrooms in buildings...

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