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LIBBY BY LIBBY v. ILLINOIS HIGH SCHOOL ASS'N

No. 90-1251.

921 F.2d 96 (1990)

Tanya LIBBY, by her father and next friend, Charles F. LIBBY, Plaintiff-Appellant, v. ILLINOIS HIGH SCHOOL ASSOCIATION, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 13, 1990.

Attorney(s) appearing for the Case

Catherine Masters Epstein, Schiff, Hardin & Waite, Susan R. Monkmeyer, D'Ancona & Pflaum, Colleen K. Connell, Sheribel F. Rothenberg, Lamet, Kanwit & Davis, Chicago, Ill., for plaintiff-appellant.

Stuart D. Gordon, Moss & Bloomberg, Bolingbrook, Ill., Charles A. LeMoine, Wayne F. Plaza, Rooks, Pitts & Poust, Chicago, Ill., David J. Bressler, Rooks, Pitts & Poust, Wheaton, Ill., James P. Bartley, Terrence M. Barnicle, Klein, Thorpe & Jenkins, Chicago, Ill., George H. Klumpner, Joliet, Ill., for defendant-appellee.

Before BAUER, Chief Judge, WOOD, Jr., Circuit Judge, and PELL, Senior Circuit Judge.

PELL, Senior Circuit Judge.

This case presents the question of whether a party who obtains a temporary restraining order just prior to a case becoming moot can nonetheless be a "prevailing party" for purposes of an award of attorneys' fees. Tanya Libby, then a junior at defendant Romeoville High School (Romeoville), brought suit challenging her inability to play interscholastic soccer. After the entry of a series of temporary restraining orders in Libby's favor, the...

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