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LUNDAY v. CITY OF ALBANY

No. 1145, Docket 93-9019.

42 F.3d 131 (1994)

James F. LUNDAY, Plaintiff-Appellee, v. The CITY OF ALBANY, Defendant-Appellant, Albany Police Officers Kenneth Sutton, John Tanchak, Thomas Schillinger and Thia Sidoti, Individually and as Agents, Servants, and/or Employees of the Albany Police Department, and various other Agents, Servants, and/or Employees of the Albany Police Department whose actual names are presently unknown, Defendants.

United States Court of Appeals, Second Circuit.

Decided December 8, 1994.

Attorney(s) appearing for the Case

John L. Shea, Delmar, NY (LaFave & Associates, of counsel), for defendant-appellant.

Laurie Shanks, Albany, NY (Kindlon & Shanks, P.C., of counsel), for plaintiff-appellee.

Before: VAN GRAAFEILAND and JACOBS, Circuit Judges, and BEER, District Judge.

PER CURIAM:

The City of Albany appeals from an order entered by Magistrate Judge Ralph W. Smith, Jr., in the Northern District of New York, awarding plaintiff-appellee James F. Lunday attorney's fees under 42 U.S.C. § 1988. The City claims that the lower court erred by failing to sustain the City's objections to certain items in the bills submitted by Lunday's counsel, and by refusing to reduce the lodestar amount of fees by some percentage to reflect that Lunday...

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