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WIMBERLY v. CITY OF CLOVIS

No. CIV-03-0871JBKBM.

375 F.Supp.2d 1120 (2004)

Jerry WIMBERLY, Plaintiff, v. The CITY OF CLOVIS, a municipality existing under the laws of the State of New Mexico, Defendant.

United States District Court, D. New Mexico.

December 2, 2004.

Attorney(s) appearing for the Case

Eric D. Dixon, Attorney and Counselor at Law, P.A., Portales, NM, for Plaintiff.

Virginia Anderman, James Wood, Miller Stratvert P.A., Albuquerque, NM, for Defendant.

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on the Defendant's Motion for Award of Attorney Fees, filed July 30, 2004 (Doc. 38). The primary issue is whether Plaintiff Jerry Wimberly's federal claim was so frivolous that the Court should award Defendant City of Clovis ("the City") attorney's fees. Because the Court concludes that this case does not constitute the rare circumstances that justify...

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