Facio v. Jones
Court of Appeals for the Tenth Circuit
1Opinion of the Court
EBEL, Circuit Judge.
This is an appeal and cross-appeal from a judgment of the federal district court under 42 U.S.C. § 1983 which declared unconstitutional the Utah state rule requiring that a default judgment debtor show a meritorious defense before the default judgment against him could be vacated. The district court also granted plaintiff costs and attorney’s fees under 42 U.S.C. § 1988. In addition, plaintiff cross-appeals the district court’s denial of a request for attorney’s fees against the state court judge. We do not reach the merits of this appeal because we find that the district…
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