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WARNOCK v. ARCHER

Nos. 02-3322, 03-1422.

397 F.3d 1024 (2005)

Steve WARNOCK, Appellant, v. Charles ARCHER, Individually and as Superintendent; Charles Eads, Individually and as Principal; Gene Baldwin, Individually and as School Board President; David Smith, Individually and as member of the Board of Directors of the Devalls Bluff, Arkansas Public School District; L.C. Holloway, Individually and as member of the Board of Directors of the Devalls Bluff, Arkansas Public School District; Verna Gaddy, Individually and as member of the Board of Directors of the Devalls Bluff, Arkansas Public School District; Melvin Hula, Individually and as member of the Board of Directors of the Devalls Bluff, Arkansas Public School District; Vera Doepel, Individually and as member of the Board of Directors of the Devalls Bluff, Arkansas Public School District; Emma Gray, Individually and as member of the Board of Directors of the Devalls Bluff, Arkansas Public School District; Devalls Bluff Public School District, Appellees. Americans United for Separation of Church and State, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 4, 2005.

Attorney(s) appearing for the Case

Clayton Blackstone, Mitchell & Blackstock, James Gerard Schulze, Eubanks & Welch, Little Rock, AR, Steve Warnock, DeValls Bluff, AR, Morgan E. Welch, Welch & Kitchens, North Little Rock, AR, for Appellant.

Walter Paul Blume, Little Rock, AR, for Appellees.

Ayesha Khan, Washington, DC, for Amicus on Behalf of Appellant.

Before MORRIS SHEPPARD ARNOLD, McMILLIAN, and MELLOY, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Our opinion on the merits in this case is Warnock v. Archer, 380 F.3d 1076 (8th Cir.2004).

Steve Warnock has moved for attorney's fees and what he refers to as "costs" on appeal from the defendants, and the defendants have filed objections. We reject the defendants' contention that a motion for attorney's fees on appeal must be filed...

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