JOHNSON v. LAFAYETTE FIRE FIGHTERS ASS'N LOC. 472

No. 94-3012.

51 F.3d 726 (1995)

James Eric JOHNSON and Jerry M. Croker, Plaintiffs-Appellees, v. LAFAYETTE FIRE FIGHTERS ASSOCIATION LOCAL 472, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO-CLC, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 5, 1995.


Attorney(s) appearing for the Case

Milton L. Chappell, W. James Young (argued), National Right To Work Legal Defense Foundation, Springfield, VA, John S. Damm, Miller, Tolbert, Muehlhausen, Muehlhausen & Groff, Logansport, IN, for James E. Johnson and Jerry M. Croker.

John C. Ruckelshaus, David T. Hasbrook (argued), Ruckelshaus, Roland, Hasbrook & O'Connor, Indianapolis, IN, for Lafayette Fire Fighters' Ass'n, Local 472, International Ass'n of Firefighters, AFL-CIO-CLC.

Thomas A. Woodley, Erick J. Genser, Mark F. Wilson, Mulholland & Hickey, Washington, DC, for International Ass'n of Fire Fighters, AFL-CIO, CLC, amicus curiae.

Before POSNER, Chief Circuit Judge, ROVNER, Circuit Judge, and MORAN, Chief District Judge.


MORAN, Chief District Judge.

Appellant Lafayette Firefighters' Association Local 472 (the Union) appeals the award of attorney's fees to appellees James Johnson and Jerry Croker (collectively "plaintiffs"), non-union members of the City of Lafayette fire department, under 42 U.S.C. § 1988. The Union argues that plaintiffs' fee petition was untimely under Federal Rule of Civil Procedure 54(d), that plaintiffs are not prevailing parties for the purposes of §...

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