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THOMAS v. CITY OF PHOENIX

No. 1 CA-CV 90-173.

171 Ariz. 69 (1991)

828 P.2d 1210

Thomas M. THOMAS and Karen L. Thomas, Plaintiffs-Appellants, v. CITY OF PHOENIX; Mayor Terry Goddard; William S. Parks, M.D.; Duane Pell; Paul Johnson; John B. Nelson; Howard Adams; Mary Rose Wilcox; Linda Nadolski; Calvin C. Goode, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department C.

Reconsideration Denied October 16, 1992.

Review Denied May 5, 1992.

Attorney(s) appearing for the Case

Kalish, Forrester & Torres, P.C. by Marc Kalish, M. Ellen Ridge, Phoenix, for plaintiffs-appellants.

Roderick G. McDougall, City Atty. by Edward P. Reeder, Asst. City Atty., Phoenix, for defendants-appellees.

OPINION

EHRLICH, Judge.

Thomas M. Thomas and Karen L. Thomas appeal from the trial court's denial of their request for an award of attorneys' fees pursuant to 42 U.S.C. § 1988 and the dismissal of the remaining claims of their complaint as being moot. We reverse the denial of the requested fee award and remand the matter for a determination of the amount to be awarded. We affirm the dismissal of the remainder of the action as moot.

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