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SINGER MANAGEMENT CONSULTANTS, INC. v. MILGRAM

No. 09-2238.

650 F.3d 223 (2011)

SINGER MANAGEMENT CONSULTANTS, INC.; Live Gold Operations, Inc., v. Anne MILGRAM, Attorney General of the State of New Jersey Live Gold Operations, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Petition for Rehearing En Banc granted September 1, 2010.

Argued En Banc February 23, 2011.

Opinion filed: June 15, 2011.

Attorney(s) appearing for the Case

William L. Charron, Esquire , (Argued), Pryor Cashman, New York, NY, for Appellant.

Jeffrey A. Koziar, Esquire , Andrea M. Silkowitz, Esquire , (Argued), Office of Attorney General or New Jersey, Newark, NJ, for Appellee.

Before: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY JR., VANASKIE, ALDISERT and ROTH, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge, with whom SCIRICA, RENDELL, BARRY, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, GREENAWAY, JR., and VANASKIE, Circuit Judges, join.

Does a party "prevail" within the meaning of 42 U.S.C. § 1988 if it obtains a temporary restraining order the day after it files suit (after a hearing but before briefing from the opposing side), but 22 days later is denied a preliminary injunction because the opposing party...

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