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PHELPS v. HAMILTON

Civil Action No. 93-4042-KHV.

957 F.Supp. 1220 (1997)

Fred W. PHELPS, and Edward F. Engel, Plaintiffs, v. Joan HAMILTON, in her official capacity as district attorney, Defendant.

United States District Court, D. Kansas.

March 25, 1997.

Attorney(s) appearing for the Case

Elizabeth M. Phelps, Jonathan B. Phelps, Phelps, Chartered, Topeka, KS, Margie J. Phelps, Topeka, KS, for Plaintiffs.

Deanne W. Hay, Alan V. Johnson, Sloan, Listrom, Eisenbarth, Sloan & Glassman, Topeka, KS, Carol R. Bonebrake, Office of City Attorney, Topeka, KS, Sharon K. Euler, Office of City Attorney, Kansas City, MO, for Defendant.

MEMORANDUM AND ORDER

VRATIL, District Judge.

This matter comes before the Court on Plaintiffs' Motion For Fees And Expenses (Doc. # 118) filed July 19, 1996. Plaintiffs Fred Phelps and Edward Engel move for an award of attorney fees under 42 U.S.C. § 1988(b).1 For the following reasons the Court finds that plaintiffs are not "prevailing parties" within the meaning of Section 1988 and accordingly it overrules...

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