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MILLER v. CUNNINGHAM

Civil Action No. 3:05CV266-HEH.

564 F.Supp.2d 555 (2008)

Larry MILLER, and 11th Senatorial District Republican Committee, Plaintiffs. v. Jean CUNNINGHAM, et al., Defendants.

United States District Court, E.D. Virginia, Richmond Division.

June 27, 2008.

Attorney(s) appearing for the Case

Kenneth Thomas Cuccinelli, II, Cuccinelli & Day PLLC, Fairfax, VA, Patrick Michael McSweeney, McSweeney Crump Childress & Gould P.C., Richmond, VA, for Plaintiffs.

James V. Ingold, William Eugene Thro, Francis Snead Ferguson, Jacob Jasen Eige, James Walter Hopper, James Christian Stuchell, Maureen Fay Riley Matsen, Office of the Attorney General, Richmond, VA, for Defendants.

MEMORANDUM OPINION

(Plaintiffs' Motion for Attorneys' Fees)

HENRY E. HUDSON, District Judge.

Plaintiffs are before the Court seeking a post-appeal award of attorneys' fees and expenses pursuant to 42 U.S.C. § 1988. The underlying lawsuit is one for declaratory relief challenging the constitutionality of Section 24.2-530 of the Virginia Code, which, in effect, establishes an electoral process commonly known as an "open primary." After...

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