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BAILEY v. MISSISSIPPI

No. 04-60412.

407 F.3d 684 (2005)

Teresa BAILEY, on Behalf of Herself and all Others Similarly Situated; and Gloria Harper, on Behalf of Herself and all Others Similarly Situated, Plaintiffs-Appellees, v. State of MISSISSIPPI, et al., Defendants, Faye Peterson, in her Official Capacity, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 20, 2005.

Attorney(s) appearing for the Case

Kathryn Neal Nester, Christopher & Nester, Ridgeland, MS, James William Craig (argued), Jane E. Tucker, Phelps Dunbar, Jackson, MS, for Plaintiffs-Appellees.

Billy Berryhill (argued), Rickey T. Moore, Jackson, MS, for Faye Peterson.

Before REAVLEY, DeMOSS and PRADO, Circuit Judges.

DeMOSS, Circuit Judge:

This appeal stems from the district court's grant of attorney's fees to Plaintiffs-Appellees Teresa Bailey and Gloria Harper ("Plaintiffs"), on behalf of themselves and others similarly situated, pursuant to 42 U.S.C. § 1988. Defendant-Appellant Hinds County District Attorney Faye Peterson ("Peterson") argues the district court erred in finding that Plaintiffs qualified for § 1988 attorney's fees as prevailing parties. We agree with...

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