Legal Opinion

CANTERBURY NUR. HOME, INC. v. Ala. Health Etc. AG.

Supreme Court of Alabama

Decided January 28, 1983No. 81-457PublishedCited by 7 opinions

1Opinion of the Court

This is an appeal from a judgment of the Montgomery County Circuit Court, denying attorneys' fees to the prevailing party in the suit. The fees were claimed pursuant to 42 U.S.C. § 1988.

The sole issue presented on appeal is whether the trial court erred in refusing to award attorneys' fees to the appellants pursuant to 42 U.S.C. § 1988. We answer in the affirmative and reverse.

The salient facts are as follows: In July, 1977, Ottis Cook and his wife Virginia Cook (the Cooks) purchased 852 shares of Canterbury Nursing Home, Inc. (Canterbury). Canterbury owned an Assurance of Need, issued by the…

2Cases cited11 opinions

  1. Hutto v. FinneySupreme Court of the United States · 1979
  2. Maine v. ThiboutotSupreme Court of the United States · 1980
  3. Newman v. Piggie Park Enterprises, Inc.Supreme Court of the United States · 1968
  4. Maher v. GagneSupreme Court of the United States · 1980
  5. Supreme Court of Virginia v. Consumers Union of the United States, Inc.Supreme Court of the United States · 1980

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3Cited by7 opinions

  1. COUNTY EXEC., PRINCE GEO'S CTY. v. DoeCourt of Appeals of Maryland · 1984
  2. Town of Eclectic v. MaysSupreme Court of Alabama · 1989
  3. Parker v. DowningCourt of Civil Appeals of Alabama · 1988
  4. Federation of City Employees v. City of BirminghamSupreme Court of Alabama · 1986
  5. Lowery v. ThomasSupreme Court of Alabama · 1990

2 more not listed; retrieve them via the Exa API.

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