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CODY v. HILLARD

No. 00-3918.

304 F.3d 767 (2002)

William R. CODY, individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. Carole HILLARD, President of the Board of Charities and Corrections; Frank Brost, Vice President; Ted Spaulding, Member; D.A. Gellhoff, Member; Lyle Swenson, Member; James Smith, Executive Secretary; Herman Solem, Warden of the South Dakota State Penitentiary; sued individually and in their official capacities, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: September 11, 2002.

Attorney(s) appearing for the Case

James E. Moore, argued, Sioux Falls, SD, for appellant.

Elizabeth Alexander, argued, Washington, DC (Tom Clayton, on the brief), for appellee.

Before McMILLIAN, JOHN R. GIBSON, and MAGILL, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

The Cody class1 in this long-running prison civil rights litigation seeks attorneys' fees for counsel's work that culminated in a private settlement agreement dismissing the case without prejudice. Because the class had earlier obtained a consent decree lasting more than a decade, and because the parties' earlier practice had been for the defendants to pay the class's legal fees, the district court

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