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McDONALD v. ARMONTROUT

Nos. 87-2145, 87-2200.

860 F.2d 1456 (1988)

Samuel L. McDONALD; Gerald M. Smith; Rayfield Newlon; Thomas Battle; Alan J. Bannister, and on behalf of all other persons similarly situated, Appellees, v. Bill ARMONTROUT; Lee Roy Black; Donald W. Wyrick; John D. Ashcroft, Appellants. Samuel L. McDONALD; Gerald M. Smith; Rayfield Newlon; Thomas Battle; Alan J. Bannister, and on behalf of all other persons similarly situated, Appellants, v. Bill ARMONTROUT; Lee Roy Black; Donald W. Wyrick; John D. Ashcroft, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 9, 1988.

Attorney(s) appearing for the Case

Henry Hershel, Jefferson City, Mo., for appellants.

Richard Sindel, Clayton, Mo., and Joel Berger, New York City, for appellees.

Before FAGG, BOWMAN and MAGILL, Circuit Judges.

BOWMAN, Circuit Judge.

Inmates confined under sentence of death at the Missouri State Penitentiary (Plaintiffs) prevailed in a 42 U.S.C. § 1983 action alleging violations of their constitutional rights. Subsequently, the District Court1 ordered defendant state officials (Defendants) to pay approximately $276,000 in attorney fees and expenses. Although the parties agree that it was proper to award Plaintiffs attorney fees and expenses...

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