Legal Opinion

Howard v. Phelps

District Court, E.D. Louisiana

Decided January 12, 1978No. Civ. A. 76-3828PublishedCited by 15 opinions

1Opinion of the Court

CASSIBRY, District Judge:

We must decide here whether a party who has petitioned for and has been granted a preliminary injunction is entitled to interim attorney’s fees as a “prevailing party” under the Civil Rights Attorney’s Fees Awards Act of 1976, Pub.L. 94-559, § 2, Oct. 19, 1976, 90 Stat. 2641, codified at 42 U.S.C. § 1988. That Act provides in relevant part: “In any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title, . the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s…

2Cases cited14 opinions

Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
Fairley v. PattersonCourt of Appeals for the Fifth Circuit · 1974
Richard Franklin Miller v. Dale Carson, Individually and in His Capacity as Sheriff of Duval County, FloridaCourt of Appeals for the Fifth Circuit · 1977
Edward Brown v. Robert E. L. Culpepper, Jr., Superior Court Judge of the South Georgia Judicial CircuitCourt of Appeals for the Fifth Circuit · 1977

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

3Cited by15 opinions

Bonnes v. LongCourt of Appeals for the Fourth Circuit · 1979
Kenneth W. Benda v. Grand Lodge Of The International Association Of Machinists & Aerospace WorkersCourt of Appeals for the Ninth Circuit · 1978
Iranian Students Association v. Edwin EdwardsCourt of Appeals for the Fifth Circuit · 1979
Benda v. Grand Lodge of the International Ass'n of Machinists & Aerospace WorkersCourt of Appeals for the Ninth Circuit · 1978
Cadc 79-145 Jerry W. Markham and Marcia J. Harris, A/K/A Marcia Markham v. Colonial Mortgage Service Co., Associates, Inc.Court of Appeals for the D.C. Circuit · 1979

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