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EX PARTE ALABAMA STATE BD. OF EDUC.

1992306.

810 So.2d 773 (2001)

Ex parte ALABAMA STATE BOARD OF EDUCATION and the members of the Alabama State Board of Education. (Re State Board of Education v. E.B. McClain).

Supreme Court of Alabama.

June 1, 2001.

Attorney(s) appearing for the Case

Bill Pryor, atty. gen., and Raymond L. Jackson and William P. Clifford, asst. attys. gen.; and Michael White and Anita Kelly, State Board of Education, for petitioners.

J. Gusty Yearout, Deborah S. Braden, and John G. Watts of Yearout, Myers & Traylor, P.C., Birmingham, for respondent.

BROWN, Justice.

We granted certiorari review to determine whether the Court of Civil Appeals' affirmance of an award of an attorney fee conflicts with prior decisions of this Court. Because we conclude that it does conflict, we reverse and remand.

Facts and Procedural History

This appeal concerns the propriety of an award of an attorney fee for counsel representing E.B. McClain, who sued the Alabama State Board of Education ("the Board"),...

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