CASE v. UNIFIED SCHOOL DIST. NO. 233, JOHNSON COUNTY

No. 96-3328.

157 F.3d 1243 (1998)

Stevana CASE, Andy Case, a minor, by and through his parent and next friend, Steven Case; Steven Case, individually, Amanda Greb, a minor, by and through her parent and next friend, Cynthia Greb; Cynthia Greb, individually; Rebekka Kamberg, a minor, by and through her parent and next fried, Mary-Lane Kamberg; Johanna Kamberg, a minor, by and through her parent and next friend, Mary-Lane Kamberg; Mary-Lane Kamberg, individually; Sam Pierron, a minor, by and through his parent and next friend, Amy Pierron; Abby Pierron, by and through her parent and next friend, Amy Pierron; Amy Pierron, individually; Jon Stonger, a minor, by and through his parent and next friend, Rex Stonger; and Rex Stonger, individually, Plaintiffs-Appellants, v. UNIFIED SCHOOL DISTRICT NO. 233, JOHNSON COUNTY, KANSAS, and Dr. Ron Wimmer, in his capacity as Superintendent of Schools, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 13, 1998.


Attorney(s) appearing for the Case

David J. Waxse, Shook, Hardy & Bacon, L.L.P., Overland Park, Kansas, (J. Eugene Balloun and Celia K. Garrett, Shook, Hardy & Bacon, L.L.P. and John E. Kirkland, New City, New York, with him on briefs) for Plaintiffs-Appellants.

Daniel B. Denk (Gregory P. Goheen with him on the brief), McAnany, Van Cleave & Phillips, P.A., Kansas City, Kansas, for Defendants-Appellees.

Before SEYMOUR, ANDERSON, and HENRY, Circuit Judges.


HENRY, Circuit Judge.

This is an appeal solely from an award of attorney's fees. Attorneys for the plaintiffs won a 42 U.S.C. § 1983 judgment against the defendant school district and thus were entitled under 42 U.S.C. § 1988 to attorney's fees and expenses and under 28 U.S.C. § 1920 to costs associated with the prosecution of the case. They requested fees, expenses, and costs totaling $481,330.83; the district court awarded them $82,603.88, and they...

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