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BENTON v. OREGON STUDENT ASSISTANCE COM'N

Nos. 03-35975, 03-36002.

421 F.3d 901 (2005)

Melinda BENTON, Individually and Representative of a Class, Plaintiff-Appellee, v. OREGON STUDENT ASSISTANCE COMMISSION; Oregon Office of Degree Authorization; Alan Contreras, in his Official and Individual Capacities; Jeff Svejcar, in his official capacity as executive director of Oregon Student Assistance Commission, Defendants-Appellants. Melinda Benton, Individually and Representative of a Class, Plaintiff-Appellant, v. Oregon Student Assistance Commission; Oregon Office of Degree Authorization; Alan Contreras, in his Official and Individual Capacities; Jeff Svejcar, in his official capacity as executive director of Oregon Student Assistance Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 25, 2005.

Attorney(s) appearing for the Case

Stephen K. Bushong (argued) and Daniel J. Casey (briefed) Oregon Department of Justice, Salem, OR, for defendants-appellants-cross-appellees.

Wendell R. Bird (argued) and Jonathan T. McCants (briefed), Bird & Loechl, LLC, Atlanta, GA, for the plaintiff-appellee-cross-appellant.

Before: GOODWIN and CLIFTON, Circuit Judges, and RHOADES District Judge.

RHOADES, District Judge.

I. Introduction

The parties have filed cross-appeals of the district court's order awarding $371,362 in attorney's fees and $70,828.84 in costs in a case where the sole relief obtained was a judgment in the amount of one dollar. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse.

II. Background

Melinda Benton ("plaintiff") is a professor at a community college in Oregon. She holds a degree from...

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