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SUSSMAN v. PATTERSON

No. 95-2250.

108 F.3d 1206 (1997)

Norman T. SUSSMAN, Gabriele F. Sussman, Plaintiffs-Appellees, v. William J. PATTERSON, in his individual and official capacities; Village of Roy, The; Stephen R. Pendleton, in his individual and official capacities; Donna Sue Milson, in her individual and official capacities; Janie Scott, in her individual and official capacities; Richard Hazen, in his individual and official capacities; Antonio Esquibel, in his individual and official capacities; Pat A. Trujillo, in his individual and official capacities; Harding County Sheriff's Department; Harding County; Harding County Board of County Commissioners, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 10, 1997.

Attorney(s) appearing for the Case

Randolph B. Felker of Felker, Ish, Ritchie & Geer, Santa Fe, New Mexico, for defendants-appellants.

John C. Bienvenu, Santa Fe, New Mexico, (Robert Rothstein of Rothstein, Donatelli, Hughes, Dahlstrom & Cron, Santa Fe, New Mexico, and Philip B. Davis, Co-Legal Director, American Civil Liberties Union of New Mexico, Albuquerque, New Mexico, with him on the brief), for plaintiffs-appellees.

Before TACHA, GODBOLD, and HOLLOWAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Defendants-appellants appeal an award of attorneys' fees and costs made by the district court after acceptance of defendants' offer of judgment by plaintiffs-appellees. The award in controversy had been left for determination by the court under the terms of the settlement agreement. The defendants assert that the court made four main errors in the award: (1) the award included attorneys' fees and...

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