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CROWDER v. HOUSING AUTHORITY OF CITY OF ATLANTA

No. 89-8541.

908 F.2d 843 (1990)

Thomas E. CROWDER, Plaintiff, B. Mae Miller, Dorothy Maddox, Plaintiffs-Appellants, v. HOUSING AUTHORITY OF THE CITY OF ATLANTA, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

August 9, 1990.

Attorney(s) appearing for the Case

John Pierce Tucker, Jr. and William B. Hollberg, Tucker & Hollberg, Atlanta, Ga., for plaintiffs-appellants.

Curtis L. Mack and Marc H. Salm, Mack & Bernstein, Atlanta, Ga., for defendants-appellees.

Before KRAVITCH and COX, Circuit Judges, and DYER, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

Having jurisdiction of this case under the collateral order doctrine, we conclude that the district court abused its discretion in refusing to award attorney's fees to parties that are, as a matter of law, prevailing parties within the meaning of 42 U.S.C. § 1988. We remand for the district court to award fees consistent with this opinion.

BACKGROUND

Plaintiffs B. Mae Miller, Dorothy Maddox, and Thomas Crowder were residents...

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