EMERY v. HUNT

No. 01-1459.

272 F.3d 1042 (2001)

Steven C. EMERY; Rocky Le Compte; James Picotte, Appellants, v. Roger HUNT, in his official capacity as Speaker of the South Dakota House of Representatives; House of Representatives, South Dakota; Carole Hillard, in her official capacity as President of the South Dakota Senate; Senate, South Dakota; Joyce Hazeltine, in her official capacity as Secretary of the State of South Dakota, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: December 6, 2001.


Attorney(s) appearing for the Case

Neil Bradley, Atlanta, GA, argued (Laughlin McDonald, Bryan Sells and Patrick K. Duffy, on the brief), for appellants.

Timothy M. Engel, Pierre, SD, argued, for appellees.

Before WOLLMAN, Chief Judge, FAGG and RILEY, Circuit Judges.


RILEY, Circuit Judge.

Steven Emery, Rocky Le Compte, and James Picotte brought this lawsuit challenging the legality of a state legislative district in South Dakota. After ruling that the legislative district had been created in violation of the South Dakota Constitution, the district court ordered a special election and awarded attorney fees. On appeal, these three plaintiffs argue that the fee award was too small. Because the district court's fee award appears to...

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