CARROLL v. BLINKEN

No. 169, Docket 94-7183.

42 F.3d 122 (1994)

Thomas W. CARROLL; Robert J. Carroll; Michael E. McChesney; Emanuel J. Panos; Edward J. Priola; Craig J. Rucker; Robert T. Schmidlin; Beth Turkovic Garfunkel; Christine McClellan; Christopher Sandor and Susanne Ziegler, Plaintiffs-Appellants, v. Donald M. BLINKEN, in his capacity as Chairman of the Board of Trustees of the State University of New York; George L. Collins, Jr.; D. Clinton Dominick; Judith Lasher Duken; Arnold B. Gardner; Gurstin D. Goldin; John L.S. Holloman, Jr.; Nan Johnson; Everette Joseph; Judith Davidson Moyers; Edward V. Mele; Victor Marrero; Rosemary Salomone; Edgar A. Sandman; Thomas Van Arsdale; Darwin R. Wales, in their capacities as trustees of the State University of New York; Jerome Komisar, in his capacity as Acting Chancellor of the State University of New York; Vincent O'Leary; Clifford D. Clark; Alice Chandler, in his or her capacity as President and chief administrative officer of, respectively, the State University of New York at Albany, the State University of New York at Binghamton, and the State University of New York at New Paltz and New York Public Interest Research Group, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit

Decided December 8, 1994.


Attorney(s) appearing for the Case

Martin S. Kaufman, New York City (Atlantic Legal Foundation, Inc., for plaintiffs-appellants.

Jocelyn Lee Jacobson, New York City (Alexander R. Sussman, Douglas W. Henkin, Fried, Frank, Harris, Shriver & Jacobson, of counsel), for defendant-appellee NYPIRG.

Andrea Green, Deputy Sol. Gen. of State of N.Y. (G. Oliver Koppell, Atty. Gen., of counsel), for State University of New York defendants-appellees.

Before: VAN GRAAFEILAND, MINER, and McLAUGHLIN, Circuit Judges.


MINER, Circuit Judge:

Plaintiffs appeal from a judgment entered on January 31, 1994 in the United States District Court for the Southern District of New York (Owen, J.) after remand. See Carroll v. Blinken, 957 F.2d 991 (2d Cir. 1992) ("Carroll I"), cert. denied, ___ U.S. ___, 113 S.Ct. 300, 121 L.Ed.2d 224 (1992). The district court denied appellants' motion under 42 U.S.C. § 1988 for attorney's fees,

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