Jenkins ex rel. Agyei v. Missouri

JOHN R. GIBSON, Circuit Judge.

The State of Missouri appeals from a district court order in the Kansas City school desegregation case granting the plaintiff class attorneys’ fees against the State for defending the remedial plan in this case from attacks by intervenors in the Jenkins suit and by plaintiffs in a collateral suit. Order of October 10, 1990, slip op. at 3-4. The State relies on inferences *1250from Independent Federation of Flight Attendants v. Zipes, 491 U.S. 754, 109 S.Ct. 2732, 105 L.Ed.2d 639 (1989), in arguing that it cannot be liable for attorneys’ fees the plaintiff incurred in…