KANSAS HEALTH CARE, ASSOC. v. DEPT. SOC. AND REHAB. SERV.

No. 93-3196.

31 F.3d 1052 (1994)

KANSAS HEALTH CARE ASSOCIATION, INC. on behalf of their members and all other similarly situated nursing facility providers certified by the State of Kansas to participate in the Medicaid Program, Plaintiff, and Kansas Association of Homes For the Aging, Inc., on behalf of their members, and all other similarly situated nursing facility providers certified by the State of Kansas to participate in the Kansas Medicaid Program; Top Management Services, Inc., on behalf of all other similarly situated nursing facility providers certified by the State of Kansas to participate in the Kansas Medicaid Program, d/b/a Sunset Manor, Plaintiffs/Appellants, v. KANSAS DEPARTMENT OF SOCIAL AND REHABILITATION SERVICES, and Donna Whiteman, Secretary of the Department of Social and Rehabilitation Services, and Robert L. Epps, Commissioner of Medical Services of Kansas Department of Social and Rehabilitation Services, Defendants/Appellees.

United States Court of Appeals, Tenth Circuit.

August 9, 1994.


Attorney(s) appearing for the Case

Jeffery A. Chanay, Entz & Chanay, Topeka, KS, (William E. Enright, Scott, Quinlan & Heckt, Topeka, KS, with him on the brief), for plaintiffs/appellants.

Bruce A. Roby, Topeka, KS, for defendants/appellees.

Before ANDERSON and TACHA, Circuit Judges, and ROSZKOWSKI, Senior District Judge.


ROSZKOWSKI, Senior District Judge.

This is an appeal from an order of the district court denying the plaintiffs' petition for an award of attorneys' fees. The original action was brought pursuant to 42 U.S.C. § 1983. The plaintiffs contend that they are the prevailing parties and are therefore entitled to reasonable attorneys' fees under 42 U.S.C. § 1988.1

The underlying action here arises from appellants' suit seeking...

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