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CHU DRUA CHA v. LEVINE

No. 82-1997.

701 F.2d 750 (1983)

CHU DRUA CHA, on his own behalf and on behalf of all others similarly situated, Appellant, v. Leonard LEVINE, Commissioner of the Minnesota Department of Public Welfare, the Ramsey County Human Services Board, and Richard S. Schweiker, Secretary of Health and Human Services, Appellees.

United States Court of Appeals, Eighth Circuit.

March 10, 1983.

Attorney(s) appearing for the Case

Law Offices of Southern Minnesota Regional Legal Services, Inc., Mark A. Bohnhorst, Berry Friesen, St. Paul, Minn., for appellant.

Warren R. Spannaus, Atty. Gen., State of Minn., John M. Burman, Sp. Asst. Atty. Gen., St. Paul, Minn., for appellee Arthur E. Noot.

James M. Rosenbaum, U.S. Atty., by Mary L. Egan, Asst. U.S. Atty., Minneapolis, Minn., Edith S. Marshall, Atty., Dept. of Health and Human Services, Washington, D.C., for appellee Schweiker.

Before ROSS, McMILLIAN and ARNOLD, Circuit Judges.

ORDER

The petition for rehearing of 696 F.2d 594 (8th Cir.1982) is denied.

The Court has considered appellant's motion for attorneys' fees and appellees' opposition thereto. We hold that appellant is a prevailing party for purposes of preliminary injunctive relief. Although this relief may later be modified or vacated, it represents a substantial measure of success, and the award of attorneys' fees for this phase of the...

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