Kirk v. New York State Department of Education
Court of Appeals for the Second Circuit
1Opinion of the Court
B.D. PARKER, JR., Circuit Judge:
The New York State Department of Education and related defendants appeal from an order of the United States District Court for the Western District of New York (Siragusa, J.) denying their motion to vacate an award of attorney’s fees to Simon E. Kirk. The district court had awarded Kirk attorney’s fees pursuant to 42 U.S.C. § 1988(b) after he successfully challenged on equal protection grounds New York State Education Law § 6704(6), which restricts professional veterinarian licenses to United States citizens and aliens who are lawful permanent residents of the…
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