FOSTER v. BARILOW

No. 92-4034.

6 F.3d 405 (1993)

David FOSTER and Catherine Foster, Plaintiffs-Appellants, v. Sigmund BARILOW and Margaret Barilow, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided October 1, 1993.


Attorney(s) appearing for the Case

Sheldon Stein, Avery S. Friedman (argued and briefed), Friedman & Associates, Cleveland, OH, for plaintiffs-appellants.

Donald C. Price, R. Jack Clapp (argued and briefed), R. Jack Clapp & Associates, Cleveland, OH, for defendants-appellees.

Before: BOGGS and SILER, Circuit Judges, and JOINER, Senior District Judge.


BOGGS, Circuit Judge.

Plaintiffs David and Catherine Foster appeal the district court's decision to grant attorney's fees to the prevailing defendants, Sigmund and Margaret Barilow, in an action arising under the Fair Housing Act, 42 U.S.C. § 3617 (1988). On appeal, the Fosters contend for the first time that the district court erred when it awarded attorney's fees to the defendants without first finding that their claim was frivolous, groundless, or unreasonable...

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