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SMYTH EX REL. SMYTH v. RIVERO

No. 00-2453.

282 F.3d 268 (2002)

Victoria SMYTH, for herself and as next friend for her minor child, Angela SMYTH; Patricia Montgomery, for herself and as next friend for her minor child, Casey Montgomery, Plaintiffs-Appellees, v. Sonia RIVERO, in her official capacity as Commissioner, Virginia Department of Social Services, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided February 21, 2002.

Attorney(s) appearing for the Case

ARGUED: Maureen Riley Matsen, Office of the Attorney General, Richmond, Virginia, for Appellant. Edward M. Wayland, Charlottesville, Virginia, for Appellees.

ON BRIEF: Randolph A. Beales, Attorney General of Virginia, William H. Hurd, Solicitor General, Siran S. Faulders, Senior Assistant Attorney General, E. Paige Selden, Assistant Attorney General, Office of the Attorney General, Richmond, Virginia, for Appellant.

Steven L. Myers, Virginia Poverty Law Center, Inc., Richmond, Virginia, for Appellees.

Before WILKINSON, Chief Judge, and WILLIAMS and MOTZ, Circuit Judges.

Reversed by published opinion. Judge WILLIAMS wrote the opinion, in which Chief Judge WILKINSON and Judge DIANA GRIBBON MOTZ joined.

OPINION

WILLIAMS, Circuit Judge.

Appellant Sonia Rivero, Commissioner of the Virginia Department of Social Services, appeals from a district court's order awarding attorney's fees to Appellees Victoria Smyth, Patricia Montgomery, and their children, Angela Smyth and Casey Montgomery (collectively, Smyth and Montgomery...

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