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MORSCOTT, INC. v. CITY OF CLEVELAND

No. 90-3935.

936 F.2d 271 (1991)

MORSCOTT, INC., Plaintiff-Appellant, v. CITY OF CLEVELAND; Francis Cash and Paul Beno, in their official capacities, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 21, 1991.

Attorney(s) appearing for the Case

Steven D. Shafron (argued), J. Michael Murray, Berkman, Gordon, Murray & Palda, Cleveland, Ohio, for plaintiff-appellant.

Paul A. Janis (argued), City of Cleveland Law Dept., Office of Director of Law, Cleveland, Ohio, for defendants-appellees.

Before JONES and RYAN, Circuit Judges, and BROWN, Senior Circuit Judge.

RYAN, Circuit Judge.

Plaintiff Morscott, Inc. appeals the denial of attorney's fees under 42 U.S.C. § 1988 in this civil rights action wherein defendants, the City of Cleveland and two of its officials, in their official capacities, were enjoined from enforcing the City's adult use zoning ordinances against Morscott. The issue before us is whether the district court abused its discretion in denying Morscott's motion for an award of attorney's fees. For the reasons...

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