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ROBINSON v. CITY OF OMAHA

No. S-90-450.

495 N.W.2d 281 (1993)

242 Neb. 408

Nathaniel ROBINSON, Appellee, v. CITY OF OMAHA, Nebraska, a Municipal Corporation, Appellant.

Supreme Court of Nebraska.

February 12, 1993.

Attorney(s) appearing for the Case

Herbert M. Fitle, Omaha City Atty., and Kent N. Whinnery, Omaha, for appellant.

Thomas F. Dowd, of Thomas F. Dowd & Associates, Omaha, for appellee.

HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and FAHRNBRUCH, JJ., and HOWARD, District Judge, Retired.

HOWARD, District Judge, Retired.

This is an appeal from the district court for Douglas County's award of attorney fees under 42 U.S.C. § 1988 (1988), the Civil Rights Attorney's Fees Awards Act of 1976, which authorizes such an award to a plaintiff who prevails in a civil rights claim recognized by 42 U.S.C. § 1983 (1988), and it involves the question of whether a fee is allowable when relief was granted on a ground other than the violation of a civil right...

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