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OTEN v. COLORADO BD. OF SOCIAL SERVICES

No. 85CA1217

738 P.2d 37 (1987)

Annie Bell OTEN and Allan and Anne Price, On Behalf of Themselves and Their Minor Children, Shanna Lee Price and Hanna Christine Price, Plaintiffs-Appellees, v. COLORADO BOARD OF SOCIAL SERVICES, Colorado Department of Social Services, George S. Goldstein, In His Official Capacity as Executive Director of the Department of Social Services, and Richard D. Lamm, In His Official Capacity as Governor of the State of Colorado, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

April 9, 1987.

Attorney(s) appearing for the Case

Kelly, Haglund, Garnsey & Kahn, Edwin S. Kahn, Denver, for plaintiffs-appellees.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Wade Livingston, Asst. Atty. Gen., Denver, for defendants-appellants.

CRISWELL, Judge.

The defendants, Colorado Board of Social Services (Board), Colorado Department of Social Services (Department), George S. Goldstein, in his official capacity as executive director of the Department (Director), and the Governor of the State of Colorado (Governor), appeal from the district court judgment awarding plaintiffs attorney fees and costs under the provisions of 42 U.S.C. § 1988 (1982). They assert that such fees were not properly awardable...

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