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NATIONAL HOME EQUITY MORTGAGE ASSOCIATION v. FACE

No. 01-1631.

283 F.3d 220 (2002)

NATIONAL HOME EQUITY MORTGAGE ASSOCIATION, Plaintiff-Appellee, v. E. Joseph FACE, Jr., Commissioner of Financial Institutions, Bureau of Financial Institutions, Virginia State Corporation Commission; Susan E. Hancock, Deputy Commissioner, Consumer Finance, Bureau of Financial Institutions, Virginia State Corporation Commission, Defendants-Appellants, and Mark L. Earley, Movant.

United States Court of Appeals, Fourth Circuit.

Decided March 8, 2002.

Attorney(s) appearing for the Case

ARGUED: William Henry Hurd, Solicitor General, Richmond, Virginia, for Appellants. Earle Duncan Getchell, Jr., McGuire Woods, L.L.P., Richmond, Virginia, for Appellee. ON BRIEF: Randolph A. Beales, Attorney General of Virginia, Judith Williams Jagdmann, Deputy Attorney General, Gregory E. Lucyk, Senior Assistant Attorney General, A. Ann Berkebile, Assistant Attorney General, Richmond, Virginia, for Appellants. Robert L. Hodges, William H. Baxter, II, McGuire Woods, L.L.P., Richmond, Virginia, for Appellee.

Before NIEMEYER, LUTTIG, and KING, Circuit Judges.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge LUTTIG and Judge KING joined.

OPINION

NIEMEYER, Circuit Judge.

On the petition of the National Home Equity Mortgage Association ("NHEMA") for attorneys fees, costs, and expenses under 42 U.S.C. § 1988, the district court awarded NHEMA $79,750. On appeal, officials of the Commonwealth of Virginia contend that the award is barred by principles of sovereign immunity...

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