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McDONALD v. McCARTHY

No. 91-1859.

966 F.2d 112 (1992)

Timothy Scott McDONALD Barbara J. McDonald, his wife v. Albert J. McCARTHY, and James McCarthy and Kenneth S. Roberts, Jr., and Herbert L. Waltz, and Elliot B. Grover, and Carol Merrick, and Shirley Zunino, and Robert F. Goddu, and Borough of Kennett Square, and Joanne C. Spencer. Timothy Scott McDonald, Appellant.

United States Court of Appeals, Third Circuit.

Decided May 27, 1992.

Attorney(s) appearing for the Case

Jeffrey L. Pettit (argued), Phillips and Phelan, Philadelphia, Pa., for appellants.

Christine M. Brenner (argued), Mark L. Tunnell, Gawthrop, Greenwood & Halsted, P.C., West Chester, Pa., for appellees.

Before: BECKER, COWEN and ROTH, Circuit Judges.

OPINION OF THE COURT

COWEN, Circuit Judge.

This case involves a plaintiff who prevailed in a civil rights action in the district court and successfully defended the judgment in its original appeal to the court of appeals. The question presented in this appeal is whether this plaintiff is foreclosed from obtaining an award of attorneys' fees under the Civil Rights Attorneys' Fees Awards Act of 1976, 42 U.S.C. § 1988, for the successful defense of the...

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