Lonnie Williams and Thelma Craig, for Themselves and All Others Similarly Situated v. Probate Judge E. Mark Ezell

DYER, Circuit Judge:

Williams and Craig brought suit challenging the apportionment of districts and certification of school Board candidates. After Plaintiffs unsuccessfully attempted to dismiss the action voluntarily under F.R.Civ.P. 41(a)(1) the district court awarded attorneys fees to the Board. Plaintiffs appealed. We reverse.

This action was brought on March 14, 1974, approximately two months before a primary election of candidates for the Choctaw County, Alabama Board of Education. 1 Plaintiffs sought a temporary and permanent injunction requiring the defendants to certify Williams as a…