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RIVERA-ROSARIO v. U.S. DEPT. OF AGRICULTURE

No. 99-1553.

202 F.3d 35 (2000)

Delcio RIVERA-ROSARIO, Plaintiff, Appellant, v. U.S. DEPARTMENT OF AGRICULTURE, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 24, 2000.

Attorney(s) appearing for the Case

Demetrio Fernández and Melva A. Quintana on brief for appellant.

Guillermo Gil, United States Attorney, and Fidel A. Sevillano Del Río, Assistant U.S. Attorney, on brief for appellee.

Before TORRUELLA, Chief Judge, BOUDIN and LYNCH, Circuit Judges.

LYNCH, Circuit Judge.

This is an appeal from a denial of an award of attorney's fees under 42 U.S.C. § 1988. The district court refused to award fees to plaintiff, who opted out of a settlement, continued litigation, and then received damages calculated according to the same formula used in the earlier settlement. The history of the case is set forth in Rivera-Rosario v. U.S. Department of Agriculture, 151 F.3d 34 (1st...

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