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JANE L. v. BANGERTER

No. 93-4145.

61 F.3d 1505 (1995)

JANE L., on behalf of herself and all others similarly situated; Utah Women's Clinic, P.C.; Planned Parenthood Association of Utah; David Hansen, M.D.; Madhuri Shah, M.D.; John Carey, M.D.; Dan Chichester, M.D.; Kirtly Parker Jones, M.D.; Kathleen Kennedy, M.D.; Neil K. Kochenour, M.D.; Rhonda Lehr, M.D.; Claire Leonard, M.D.; Kenneth Ward, M.D.; Bonnie Jeanne Baty, M.D.; Susan Elizabeth Lyons, L.C.S.W.; Janet Lynn Wolf, L.C.S.W.; Leslie McDonald-White, L.C.S.W.; Reverend David Butler; Reverend Barbara Hamilton-Holway; Reverend George H. Lower; Reverend Lyle D. Sellards; Reverend Doctor Alan Condie Tull; Reverend Marie Soward Green; Rabbi Frederick L. Wenger; Jane J. Freedom, (Pseudo-Name); Julie Spouse, (Pseudo-Name); American College of Obstetricians and Gynecologists, Utah Sections; Penny Thompson; Wendy Edwards, Plaintiffs-Appellants, v. Norman H. BANGERTER, as Governor of the State of Utah; Paul Van Dam, Attorney General, as Attorney General of Utah, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 2, 1995.

Attorney(s) appearing for the Case

Leon Friedman of Hofstra Law School, Hempstead, NY (A. Howard Lundgren, of Keller & Lundgren, L.C., Salt Lake City, UT; Jeffrey R. Oritt, of Cohne, Rappaport & Segal, P.C., Salt Lake City, UT; Kathryn D. Kendell, of American Civil Liberties Union of Utah, Salt Lake City, UT; Janet Benshoof, Rachael N. Pine, Lenora M. Lapidus, and Eve C. Gartner, of The Center for Reproductive Law & Policy, New York City; and Roger K. Evans, of Planned Parenthood Federation of America, Inc., New York City, with him on the briefs), for plaintiffs-appellants.

Jerrold S. Jensen, Asst. Atty. Gen., Salt Lake City, UT (Jan C. Graham, Utah Atty. Gen. and James R. Soper, Asst. Atty. Gen.; Mary Anne Q. Wood, Anthony B. Quinn, and Kathryn O. Balmforth, Salt Lake City, UT; and Paul M. Durham of Durham, Evans & Jones, Salt Lake City, UT, with him on the brief), for defendants-appellees.

Before SEYMOUR, Chief Judge, MOORE, Circuit Judge, and BROWN, Senior District Judge.

SEYMOUR, Chief Judge.

The instant case is the attorneys fees arm of the Jane L. v. Bangerter abortion litigation that has been moving through the federal courts since 1991. The district court awarded attorneys fees to plaintiffs, but in an amount dramatically less than that requested. The court also awarded attorneys fees to defendants. We reverse in part and remand for two primary reasons. First, we reversed many of the district court's substantive decisions...

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