HUTCHINSON v. STATON

Nos. 92-2250, 92-2370, 92-2371, 92-2372.

994 F.2d 1076 (1993)

John HUTCHINSON; William Reese; Leonard Underwood, Plaintiffs-Appellees, v. David Michael STATON, Defendant-Appellant, and Margaret D. Miller, Individually and as Clerk of the County Commission of Kanawha County, West Virginia; Steven L. Miller; James E. Roark, Individually and as Prosecuting Attorney of Kanawha County, West Virginia; John A. Cavacini, Jr.; Henry C. Shores, as Commissioner of Kanawha County, West Virginia; Robert F. Silverstein, as Commissioner of Kanawha County, West Virginia; Computer Election Systems, a foreign corporation; Bernard H. Meadows; Clayton Spangler; Irvine Keith Long; Carl Clough; Cherrie Lloyd; William E. Biebel; Darlene Dotson; Carolyn Critchfield, Individually and as Voter Registrar of Kanawha County, West Virginia; Ann Carroll, Individually and as Chief Deputy of the County Commission of Kanawha County, West Virginia, Defendants. John HUTCHINSON; William Reese; Leonard Underwood, Plaintiffs-Appellees, v. James E. ROARK, Individually and as Prosecuting Attorney of Kanawha County, West Virginia, Defendant-Appellant, and Margaret D. Miller, Individually and as Clerk of the County Commission of Kanawha County, West Virginia; David Michael Staton; Steven L. Miller; John A. Cavacini, Jr.; Henry C. Shores, as Commissioner of Kanawha County, West Virginia; Robert F. Silverstein, as Commissioner of Kanawha County, West Virginia; Computer Election Systems, Incorporated, a foreign corporation; Bernard H. Meadows; Clayton Spangler; Irvine Keith Long; Carl Clough; Cherrie Lloyd; William E. Biebel; Darlene Dotson; Carolyn Critchfield, Individually and as Voter Registrar of Kanawha County, West Virginia; Ann Carroll, Individually and as Chief Deputy of the County Commission of Kanawha County, West Virginia, Defendants. John HUTCHINSON; William Reese; Leonard Underwood, Plaintiffs-Appellees, v. COMPUTER ELECTION SYSTEMS, a foreign corporation; Irvine Keith Long; Carl Clough; William E. Biebel, Defendant-Appellant, and Margaret D. Miller, Individually and as Clerk of the County Commission of Kanawha County, West Virginia; David Michael Staton; Steven L. Miller; James E. Roark, Individually and as Prosecuting Attorney of Kanawha County, West Virginia; John A. Cavacini, Jr.; Henry C. Shores, as Commissioner of Kanawha County, West Virginia; Robert F. Silverstein, as Commissioner of Kanawha County, West Virginia; Bernard H. Meadows; Clayton Spangler; Darlene Dotson; Carolyn Critchfield, Individually and as Voter Registrar of Kanawha County, West Virginia; Ann Carroll, Individually and as Chief Deputy of the County Commission of Kanawha County, West Virginia; Cherrie Lloyd, Defendants. John HUTCHINSON; William Reese; Leonard Underwood, Plaintiffs-Appellees, v. Margaret D. MILLER, Individually and as Clerk of the County Commission of Kanawha County, West Virginia; Steven L. Miller, Defendants-Appellants, Charles I. Jones, Jr., Trustee of the Bankruptcy Estate of Margaret D. Miller and Steven L. Miller, Trustee-Appellant, and David Michael Staton; James E. Roark, Individually and as Prosecuting Attorney of Kanawha County, West Virginia; John A. Cavacini, Jr.; Henry C. Shores, as Commissioner of Kanawha County, West Virginia; Robert F. Silverstein, as Commissioner of Kanawha County, West Virginia; Computer Election Systems, Incorporated, a foreign corporation; Bernard H. Meadows; Clayton Spangler; Irvine Keith Long; Carl Clough; Cherrie Lloyd; William E. Biebel; Darlene Dotson; Carolyn Critchfield, Individually and as Voter Registrar of Kanawha County, West Virginia; Ann Carroll, Individually and as Chief Deputy of the County Commission of Kanawha County, West Virginia, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided May 24, 1993.


Attorney(s) appearing for the Case

David Dale Johnson, III, Spilman, Thomas, Battle & Klostermeyer (Charles I. Jones, Jr., Campbell, Woods, Bagley, Emerson, McNeil & Herndon, on brief), Charleston, WV, for defendants-appellants Miller.

William E. Mohler, on brief, Charleston, WV, for defendant-appellant Staton.

James B. McIntyre, on brief, Charleston, WV, for defendant-appellant Roark.

Jack Older Friedman, Sr. (John R. Mitchell, Sr., on brief), Charleston, WV, for plaintiffs-appellees.

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


OPINION

WILKINSON, Circuit Judge:

Defendants in this case appeal the district court's decision to withdraw its earlier award of attorneys' fees to defendants under 42 U.S.C. § 1988. Finding that fees should have been awarded to defendants in this action, we reverse the district court and remand with instructions that the court reinstate its original award of fees.

I.

Plaintiffs John Hutchinson, Leonard Underwood, and William Reese...

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