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S-1 BY AND THROUGH P-1 v. STATE BD. OF EDUC.

No. 92-1525.

6 F.3d 160 (1993)

S-1 and S-2, By and Through their parents and Guardians Ad Litem, P-1 and P-2; P-1 and P-2, Individually, Plaintiffs-Appellees, v. The STATE BOARD OF EDUCATION OF NORTH CAROLINA; Barbara Tapscott, Chairman, State Board of Education of North Carolina, Defendants-Appellants, and C.D. Heidgerd, Hearing Officer, Asheboro City Board of Education; the Asheboro City Board of Education; Mary Smitherman, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided September 21, 1993.

Rehearing Granted, Opinion Vacated October 21, 1993.

Attorney(s) appearing for the Case

Edwin Marion Speas, Jr., Sr. Deputy Atty. Gen., North Carolina Dept. of Justice, Raleigh, NC, argued, (Lacy H. Thornburg, Atty. Gen. of North Carolina, on brief), for defendants-appellants.

A. Frank Johns, Jr., Booth, Harrington, Johns & Campbell, Greensboro, NC, argued, for plaintiffs-appellees.

Before ERVIN, Chief Judge, and PHILLIPS and WILKINSON, Circuit Judges.

Rehearing En Banc Granted, Opinion Vacated October 21, 1993.

OPINION

PHILLIPS, Circuit Judge:

The essential issue presented is whether following dismissal of an action under 42 U.S.C. § 1983 for prudential reasons as moot, the § 1983 plaintiffs may yet be found prevailing parties by virtue of post-dismissal events and therefore entitled to an award of attorney fees under 42 U.S.C. § 1988. In this appeal by the State of North Carolina...

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