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TURNER v. D.C. BD. OF ELECTIONS AND ETHICS

No. 03-7030.

354 F.3d 890 (2004)

Wayne TURNER, et al., Appellants, v. DISTRICT OF COLUMBIA BOARD OF ELECTIONS AND ETHICS, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided January 23, 2004.

Rehearing Denied March 10, 2004.

Attorney(s) appearing for the Case

Arthur B. Spitzer argued the cause for appellants. With him on the briefs was Graham A. Boyd.

William K. Shirey II argued the cause for appellee. With him on the brief were Edward E. Schwab, Assistant Corporation Counsel, Donna M. Murasky, Senior Litigation Counsel, Glen D. Nager and Jennifer L. Merzon.

Before: GINSBURG, Chief Judge, and ROGERS and TATEL, Circuit Judges.

Rehearing En Banc Denied March 10, 2004.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

This appeal requires the court to determine what is a fully compensatory award under the Civil Rights Attorney's Fees Awards Act, 42 U.S.C. § 1988, where the original defendant, aligning with the plaintiffs' constitutional challenge to a federal statute under 42 U.S.C. § 1983, leaves defense of the statute to the United States...

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