Barbara D. Ward v. W. E. Dearman

Appellants appeal from a three-judge court order in a Voting Rights Act suit. (42 U.S.C. § 1973c.) The three-judge court concluded that the action was moot and denied appellants’ request for attorney fees. Because we find that the case is moot and that the appellants are not prevailing parties under either the Civil Rights Attorneys Fees Awards Act of 1976, 42 U.S.C. § 1988, or 42 U.S.C. § 19737(e), we affirm.

The relevant facts are clearly stated in the August 28, 1978 order of the three-judge court:

This action was commenced to restrain the placing on the ballot of certain candidates who had…