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HABETZ BY HABETZ v. LA. HIGH SCHOOL ATHLETIC ASS'N

No. 89-3584.

915 F.2d 164 (1990)

Alyson A. HABETZ, by her Next Friends, Leonard J. HABETZ and Deanna H. Habetz, Plaintiffs-Appellants, Cross-Appellee, v. LOUISIANA HIGH SCHOOL ATHLETIC ASSOCIATION, an Unincorporated Association, Defendant-Appellee Cross-Appellant, and Dr. Thomas G. Clausen, in his Official Capacity as Superintendent of Education of the State of Louisiana, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 25, 1990.

Attorney(s) appearing for the Case

Katherine Wheeler, Baton Rouge, La., for Alyson A. Habetz et al.

Robert Bradley Lewis, Talley, Anthony, Hughes & Knight, Bogalusa, La., for La. High School Ath. Assoc.

Susan Stafford, La. Dept. of Educ., La. Dept. of Justice, Div. of Risk Litigation, Baton Rouge, La., for Dr. Thomas G. Clausen.

Before GARZA, JOLLY, and JONES, Circuit Judges.

GARZA, Circuit Judge:

This case is before us for a second time. It concerns mainly the question of whether the plaintiffs/appellants were entitled to attorney's fees. The court below decided that it lacked jurisdiction of the underlying suit brought by the plaintiffs and therefore refused to allow attorney's fees under 42 U.S.C. § 1988. Because the lower court at least had jurisdiction to decide whether plaintiffs stated...

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