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RACE v. TOLEDO-DAVILA

No. 01-2037.

291 F.3d 857 (2002)

Wilfrid RACE, Plaintiff, Appellant, v. Pedro A. TOLEDO-DAVILA, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 4, 2002.

Attorney(s) appearing for the Case

Jane A. Becker-Whitaker for appellant.

Leticia Casalduc Rabell, Assistant Solicitor General, with whom Roberto J. Sanchez Ramos, Solicitor General, and Vanessa Lugo Flores, Deputy Solicitor General, were on brief, for appellees.

Before TORRUELLA, Circuit Judge, COFFIN, Senior Circuit Judge, and LIPEZ, Circuit Judge.

PER CURIAM.

Appellant Wilfrid Race claims that the district court improperly refused to award him attorney's fees in an action under the Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12101-12213. We find no error. The court correctly concluded that appellant was not a prevailing party for purposes of the ADA's fees provision, see id. at § 12205, and thus was not entitled to recover legal expenses.

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