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FRASER v. BETHEL SCHOOL DIST. NO. 403

Nos. 83-3987, 83-4142.

807 F.2d 1507 (1987)

Matthew N. FRASER, et al., Plaintiffs-Appellees, v. BETHEL SCHOOL DISTRICT, NO. 403, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

January 15, 1987.

Attorney(s) appearing for the Case

Jeffrey T. Haley, Simburg, Ketter, Haley, Sheppard & Purdy, Seattle, Wash., for plaintiffs-appellees.

William A. Coats, Clifford Foster, Jr., Kane, Vandeberg, Hartinger & Walker, Tacoma, Wash., for defendants-appellants.

Before WRIGHT, GOODWIN and NORRIS, Circuit Judges.

ORDER DENYING ATTORNEYS FEES

The motion of plaintiffs-appellees, filed on December 8, 1986, for an award of "partial attorney's fees," is denied. They have not prevailed on any issue and no award of fees is warranted on any theory.

NORRIS, Circuit Judge (dissenting):

I respectfully dissent from the denial of Fraser's request for partial attorney's fees. Fraser is a "partially prevailing party" for purposes of 42 U.S.C. § 1988 because he

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