AM. COUNCIL OF THE BLIND v. ROMER

No. 90-1365.

992 F.2d 249 (1993)

AMERICAN COUNCIL OF THE BLIND OF COLORADO, INC., a Colorado nonprofit corporation; Rocky Mountain Federation of Handicapped Athletes, a division of Pegasus Foundation, Inc., a Colorado non-profit corporation, Plaintiffs-Appellants, v. Roy ROMER, Governor, State of Colorado; Duane Woodard, Attorney General, State of Colorado; Norman S. Early, Jr., District Attorney for the Second Judicial District, State of Colorado, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 20, 1993.


Attorney(s) appearing for the Case

Robert C. Moest of Fleishman, Fisher & Moest, Los Angeles, CA (Barry A. Fisher, Los Angeles, CA, and Edwin S. Kahn, Denver, CO, with him on the brief), for plaintiffs-appellants.

Nathan B. Coats, Chief Appellate Deputy Dist. Atty., Denver, CO, Dist. Attorney's Office (Larry Tannenbaum, Asst. Atty. Gen., Colorado Atty. General's Office, with him on the brief), for defendants-appellees.

Before LOGAN and BRORBY, Circuit Judges, and DAUGHERTY, District Judge.


DAUGHERTY, District Judge.

The United States Supreme Court has granted certiorari and remanded this case ___ U.S. ___, 113 S.Ct. 1038, 122 L.Ed.2d 348 in light of its recent decision in Farrar v. Hobby, 506 U.S. ___, 113 S.Ct. 566, 121 L.Ed.2d 494 (1992).

In Farrar, it was held in a case in which judgment was entered on the merits that a one-dollar nominal damage award was sufficient to make the recipient a prevailing party and satisfied that...

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