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PEOPLE OF STATE OF N.Y. BY ABRAMS v. 11 CORNWELL CO.

Nos. 1371, 1781, Dockets 82-7084, 82-7182.

718 F.2d 22 (1983)

The PEOPLE OF the STATE OF NEW YORK, By Robert ABRAMS, Attorney General of the State of New York, on behalf of New York's mentally disabled citizens, Plaintiff-Cross-Appellant, v. 11 CORNWELL COMPANY, a New York Partnership, Defendant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 16, 1983.

Attorney(s) appearing for the Case

Robert Abrams, Atty. Gen. of New York, Peter Bienstock, Deborah Bachrach, Jane Levine, Asst. Attys. Gen., New York City, submitted memoranda for plaintiff-cross-appellant.

Richard J. Pilson, Alan H. Young, and Lindenbaum & Young, Brooklyn, N.Y., submitted memoranda for defendant-cross-appellee.

Before FEINBERG, Chief Judge, LUMBARD, KAUFMAN, OAKES, VAN GRAAFEILAND, MESKILL, NEWMAN, KEARSE, CARDAMONE, PIERCE and WINTER, Circuit Judges.

Submitted to the En Banc Court April 25, 1983.

NEWMAN, Circuit Judge:

We granted rehearing en banc to consider the narrow but nonetheless important issue whether a state that prevails as a plaintiff in a lawsuit brought pursuant to a federal civil rights statute is eligible for an award of attorney's fees pursuant to the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988 (Supp. V 1981). The issue arises on a cross-appeal by the State...

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