Legal Opinion
Johnny L. Spain v. Louis Mountanos, and Kenneth Cory, Controller, of the State of California
Court of Appeals for the Ninth Circuit
Decided October 21, 1982No. 81-4173PublishedCited by 83 opinions
1Opinion of the Court
POOLE, Circuit Judge.
This is an appeal by the Controller of the State of California, Kenneth Cory, from an order of the district court directing him to issue a warrant on the State Treasurer for payment of-attorney’s fees owed to appellees as the prevailing party under 42 U.S.C. § 1988. The district court issued the order after the State legislature refused to appropriate the money for the award. In this appeal Cory claims that the district court erred in invoking its equitable authority under Rule 70 of the Federal Rules of Civil Procedure to enforce the judgment, that State law prohibits…
2Cases cited29 opinions
- Hutto v. FinneySupreme Court of the United States · 1979
- Maher v. GagneSupreme Court of the United States · 1980
- Kerr v. Screen Extras Guild, Inc.Court of Appeals for the Ninth Circuit · 1975
- Cooper v. AaronSupreme Court of the United States · 1958
- Zurcher v. Stanford DailySupreme Court of the United States · 1978
24 more not listed; retrieve them via the Exa API.
3Cited by83 opinions
- Gates v. DeukmejianCourt of Appeals for the Ninth Circuit · 1992
- In Re Nucorp Energy, Inc., an Ohio Corporation, and Its Affiliates, Debtors. Luce, Forward, Hamilton & ScrippsCourt of Appeals for the Ninth Circuit · 1985
- Mathis v. SpearsCourt of Appeals for the Federal Circuit · 1988
- Gates v. DeukmejianCourt of Appeals for the Ninth Circuit · 1993
- Berger v. HecklerCourt of Appeals for the Second Circuit · 1985
78 more not listed; retrieve them via the Exa API.