904 F. 2d 41 - Romberg
904 F2d 41 Romberg
904 F.2d 41
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Michael ROMBERG; Debra Romberg, Plaintiffs-Appellees,
Cross-Appellants,
v.
Robert NICHOLS; Dennis Lazzari; Hugh Lloyd; Johnny
Jurtado; Thomas Laing; Diane Hannon; R.D.
Campbell, Defendants-Appellants, Cross-Appellees.
Nos. 89-55202, 89-55218.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted May 7, 1990.
Decided May 25, 1990.
Before WALLACE, DAVID R. THOMPSON and O'SCANNLAIN, Circuit Judges.
ORDER
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The district court's order granting attorney's fees in this case is vacated and the case remanded to the district court.
Within sixty days of the date of this order, the district court shall determine whether plaintiffs are entitled to an award of attorney's fees as "prevailing party" under 42 U.S.C. Sec. 1988 in light of Texas State Teachers Association v. Garland Independent School District, 109 S.Ct. 1486, 1493 (1989) (stating that "a district court would be justified" in determining that a plaintiff was not a prevailing party "[w]here the plaintiff's success on a legal claim can be characterized as purely technical or de minimis").
A copy of such order shall be filed with the clerk of this court.
Any future appeals will be referred to this panel and will be handled on an expedited basis.
VACATED AND REMANDED.