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HERBST v. RYAN

Nos. 95-1611, 95-1733.

90 F.3d 1300 (1996)

Arthur L. HERBST, Marvin Rosner, David Zbarz, M.D., et al., Plaintiffs-Appellees, Cross-Appellants, v. James E. RYAN, Attorney General of Illinois and John R. Lumpkin, M.D., Director of the Illinois Department of Public Health, Defendants-Appellants, Cross-Appellees, and Jack O'Malley, State's Attorney of Cook County, Illinois, as class representative of all 102 Illinois State's Attorneys, Defendant-Appellee, Cross-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided July 26, 1996.

Attorney(s) appearing for the Case

Alexandra M. Jackson, Ross & Hardies, Brenda Swierenga Furlow, Deborah M. Neyens, Sonnenschein, Nath & Rosenthal, Harvey M. Grossman, Colleen K. Connell (argued), Roger Baldwin Foundation of ACLU, Inc., Chicago, IL, for Marvin Rosner, David Zbarz, William Spellacy and Arthur L. Herbst.

Deborah L. Ahlstrand (argued), Office of the Attorney General, Civil Appeals Division, Chicago, IL, for James E. Ryan and John R. Lumpkin, M.D.

Connie R. Barba, Donald J. Mizerk (argued), Office of the State's Attorney of Cook County, Terry L. McDonald, Office of the State's Attorney of Cook County, Federal Litigation Division, Chicago, IL, for Jack O'Malley.

Before CUMMINGS, RIPPLE and EVANS, Circuit Judges.

RIPPLE, Circuit Judge.

This appeal involves the appropriate allocation of responsibility for attorneys' fees in a civil rights action. In the underlying action, the plaintiffs sought declaratory and injunctive relief against the enforcement of certain amendments to Illinois' Abortion Law.1 The Attorney General of Illinois, the Director of the Illinois Department of Public Health, and the class of all 102 Illinois State's Attorneys were...

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