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PETERSON v. MINIDOKA COUNTY SCHOOL DIST. NO. 331

Nos. 95-35041, 95-35185.

118 F.3d 1351 (1997)

Frank PETERSON; Priscilla Peterson, husband and wife, Plaintiffs-Appellees, v. MINIDOKA COUNTY SCHOOL DISTRICT NO. 331, a body Corporate and Politic of the State of Idaho, Defendant-Appellant. Frank PETERSON; Priscilla Peterson, husband and wife, Plaintiffs-Appellants, v. MINIDOKA COUNTY SCHOOL DISTRICT NO. 331, a body Corporate and Politic of the State of Idaho, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 8, 1997.

Attorney(s) appearing for the Case

Steven K. Tolman, Tolman Law Office, Twin Falls, ID, for defendant-appellant-cross-appellee.

Frederick J. Hahn, Holden, Kidwell, Hahn, & Crapo, Todd J. Wilcox, Boise, ID, for plaintiffs-appellees-cross-appellants.

Before: FLETCHER, JOHN T. NOONAN, Jr. and RYMER, Circuit Judges.

NOONAN, Circuit Judge:

The Minidoka County School District No. 331, a corporate and politic body of the State of Idaho, (the District) appeals the judgment in favor of Frank Peterson and his wife Priscilla in their action against the District. The Petersons cross-appeal the denial of attorney's fees. We affirm the judgment of the district court in favor of the Petersons. We reverse the denial of attorney's fees and remand for their award.

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