PEDIGO v. P.A.M. TRANSPORT, INC.

Nos. 96-1137, 96-1206.

98 F.3d 396 (1996)

Lawrence L. PEDIGO, Appellant/Cross-Appellee, v. P.A.M. TRANSPORT, INC., Appellee/Cross-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 21, 1996.


Attorney(s) appearing for the Case

Nancy Louise Hamm, Fayetteville, AR, argued (James H. Longino, on the brief), for appellant/cross-appellee.

Kenneth Stephen Hixson, Tontitown, AR, argued, for appellee/cross-appellant.

Before McMILLIAN, MAGILL, and MORRIS SHEPPARD ARNOLD, Circuit Judges.


MORRIS SHEPPARD ARNOLD, Circuit Judge.

In this appeal and cross-appeal from an award of attorney's fees, defendant argues that plaintiff was not a "prevailing party" so as to be entitled to attorney's fees. We agree and therefore reverse.

I.

Plaintiff complained that he had been discriminated against in violation of the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213, and at trial a jury found in his favor. Defendant appealed...

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