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OREGON STATE POLICE OFFICERS ASS'N v. PETERSON

No. 90-35680.

979 F.2d 776 (1992)

OREGON STATE POLICE OFFICERS ASSOCIATION, an Oregon corporation; Stephen Beck; Oregon Public Employees Union, Plaintiffs-Appellants, v. Edwin J. PETERSON, Chief Justice; P. Carson, Jr., et al.; Supreme Court of the State of Oregon, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 13, 1992.

Attorney(s) appearing for the Case

Charles F. Hinkle, Stoel, Rives, Boley, Jones & Grey, Portland, Or., for plaintiffs-appellants.

Rives Kistler, Asst. Atty. Gen., Salem, Or., for defendants-appellees.

Before: BEEZER, NOONAN, and TROTT, Circuit Judges.

NOONAN, Circuit Judge:

The Oregon State Police Officers Association (Association); its president, Steven Beck; and the Oregon Public Employees Union (the Union), brought suit against the Supreme Court of the State of Oregon and the justices thereof (the Court). The plaintiffs allege that the Court has had the practice of denying successful plaintiffs in 42 U.S.C. § 1983 cases attorney fees under 42 U.S.C. § 1988 if the plaintiffs won on state grounds alone...

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