United States Tenth Circuit

Although enforcing a prior consent decree, a plaintiff that gets defendant school district to use its "best efforts" to obtain additional funding to build new schools may be entitled to attorney's fees as a prevailing party.

Appellate Information

• Decided 11/30/2000
• Published 11/30/2000

Judges

• McKAY, Circuit Judge., Before LUCERO, McKAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Donald J. Winder of Winder & Haslam, P.C., Salt Lake City, Utah (Trystan B. Smith of Winder & Haslam;  Eric P. Swenson, Salt Lake City, Utah;  and Therese E. Yanan, DNA People's Legal Services, Inc., Shiprock, New Mexico, with him on the briefs), for Plaintiffs-Appellants.


• For Appellees:
  
• Brinton R. Burbidge of Burbidge, Carnahan, Ostler & White, Salt Lake City, Utah (Randy T. Austin of Kirton & McConkie, Salt Lake City, with him on the brief), for Defendants-Appellees.