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United States Fifth Circuit


Baily v. State of Mississippi, 04-60412

In a 42 U.S.C. section 1983 action, the grant of attorney fees to plaintiffs is reversed where the district court legally erred by designating plaintiffs as prevailing parties under 42 U.S.C. section 1988.

Appellate Information

  • Decided 04/20/2005
  • Published 04/22/2005

Judges

  • DeMOSS, Circuit Judge:, Before REAVLEY, DeMOSS and PRADO, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Billy Berryhill (argued), Rickey T. Moore, Jackson, MS, for Faye Peterson.

  • For Appellees:
  • Kathryn Neal Nester, Christopher & Nester, Ridgeland, MS, James William Craig (argued), Jane E. Tucker, Phelps Dunbar, Jackson, MS, for Plaintiffs-Appellees.
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