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INTERNATIONAL SOC. FOR KRISHNA, ETC. v. COLLINS

No. 78-1185.

609 F.2d 151 (1980)

INTERNATIONAL SOCIETY FOR KRISHNA CONSCIOUSNESS, INC. and Laxmi Narayana Das, on behalf of themselves and all International Society for Krishna Consciousness members, Plaintiffs-Appellants, v. John P. COLLINS, Chief of Airport Police, City of Houston, and Otis King, City Attorney, City of Houston, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 2, 1980.

Attorney(s) appearing for the Case

Barry A. Fisher, David Grosz, Beverly Hills, Cal., Woody & Rosen, Marian S. Rosen, Houston, Tex., for plaintiffs-appellants.

Joseph G. Rollins, Sr., Asst. City Atty., Houston, Tex., for defendants-appellees.

Before CHARLES CLARK, RONEY and HENDERSON, Circuit Judges.

PER CURIAM:

In this case, the district court denied attorney's fees to the prevailing party in International Society for Krishna Consciousness v. Collins, 452 F.Supp. 1007 (S.D.Tex. 1977), on the sole ground that the plaintiffs did not come within the purview of the attorney's fee provision in 42 U.S.C.A. § 1988 because they are not penurious, and financial limitations have not been a detriment or an obstacle to the...

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