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HUGHES v. UNIFIED SCH. DIST. #330, WABAUNSEE CTY.

No. 94-4002-SAC.

872 F.Supp. 882 (1994)

Glen M. HUGHES, Plaintiff, v. UNIFIED SCHOOL DISTRICT # 330, WABAUNSEE COUNTY, KANSAS, Defendant.

United States District Court, D. Kansas.

December 23, 1994.

Attorney(s) appearing for the Case

Wesley A. Weathers, Weathers & Riley, Topeka, KS, for plaintiff.

Robert D. Hecht, Scott, Quinlan & Hecht, Topeka, KS, for defendant.

MEMORANDUM AND ORDER

CROW, District Judge.

This civil rights case comes before the court on the defendant's motion for attorney's fees pursuant to 42 U.S.C. § 1988. The issue presented is whether the defendant is a prevailing party entitled to recover attorney's fees when the plaintiff voluntarily dismisses his case with prejudice prior to any judicial determination on the merits.

The plaintiff, Glenn M. Hughes, is the former superintendent...

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