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PARIS v. U.S. DEPT. OF HOUSING & URBAN DEVELOPMENT

No. 92-1763.

988 F.2d 236 (1993)

Antonia PARIS, et al., Plaintiffs-Appellants, v. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided March 4, 1993.

Attorney(s) appearing for the Case

John W. Dineen, with whom Yesser, Jessup & Green, Providence, RI, was on brief for plaintiffs-appellants.

Herbert E. Forrest, Federal Programs Branch, Civil Div., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Lincoln C. Almond, U.S. Atty. and William G. Kanter, Atty., Appellate Staff, Washington, DC, were on brief for defendant-appellee U.S. Dept. of Housing and Urban Development.

Nora J. Mann, with whom Leigh A. McLaughlin and Gilman, McLaughlin & Hanrahan, Boston, MA, were on brief for defendant-appellee Corcoran Management Co., Inc.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and STAHL, Circuit Judge.

TORRUELLA, Circuit Judge.

This case requires that we decide whether a party who loses on the only litigated claim, but achieves the relief sought as a result of intervening congressional action prior to a ruling by the district court on the remaining grounds in the complaint, can nevertheless recover attorney's fees. We hold that, in appropriate cases, the district court may award attorney's fees. Because we find this to be such a case, we reverse the district court...

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