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MORSE v. REPUBLICAN PARTY OF VIRGINIA

Civil Action No. 94-0025-C.

972 F.Supp. 355 (1997)

Fortis MORSE, Kenneth Curtis Bartholomew, and Kimberly J. Enderson, Plaintiffs, v. REPUBLICAN PARTY OF VIRGINIA, and Albemarle County Republican Committee, Defendants.

United States District Court, W.D. Virginia, Charlottesville Division.

July 7, 1997.

Attorney(s) appearing for the Case

George Alfred Rutherglen, Charlottesville, VA, Daniel R. Ortiz, University School of Law, Charlottesville, VA, Pamela S. Karlan, Charlottesville, VA, Eben Moglen, New York City, for Fortis Morse, Kenneth Curtis Bartholomew, Kimberly J. Enderson.

Joseph Robert Brame, III, McGuire, Woods, Battle & Boothe, LLP, Charlottesville, VA, Earle Duncan Getchell, Jr., McGuire, Woods, Battle & Boothe, Richmond, VA, Donald W. Lemons, Durrette, Irvin, Lemons & Fenderson, P.C., Richmond, VA, Patrick M. McSweeney, Richmond, VA, Daniel A. Carrell, Carrell & Rice, Richmond, VA, for Republican Party of Virginia, Albemarle County republican Committee.

Before WIDENER, Circuit Judge, SPENCER, District Judge, and MICHAEL, Senior District Judge.

MEMORANDUM OPINION

Currently before the court is plaintiffs' November 25, 1996 Motion for Award of Attorney's Fees and Costs. Defendants challenge the awarding of attorneys' fees, contending that (1) the legislative history of § 1988 demonstrates that Congress did not intend for attorneys' fees to be awarded against individual actors, and (2) special circumstances justify denying plaintiff any award of attorneys' fees. In the alternative, defendants...

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