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MISSOURI v. JENKINS

No. 88-64.

491 U.S. 274 (1989)

109 S.Ct. 2463

105 L.Ed.2d 229

MISSOURI ET AL. v. JENKINS, BY HER FRIEND, AGYEI, ET AL.

Supreme Court of United States.

Decided June 19, 1989

Attorney(s) appearing for the Case

Bruce Farmer, Assistant Attorney General of Missouri, argued the cause for petitioners. With him on the brief were William L. Webster, Attorney General, Terry Allen, Deputy Attorney General, and Michael L. Boicourt and Bart A. Matanic, Assistant Attorneys General.

Jay Topkis argued the cause for respondents. With him on the brief were Julius LeVonne Chambers, Charles Stephen Ralston, Arthur A. Benson II, Russell E. Lovell II, and Theodore M. Shaw.*

JUSTICE BRENNAN delivered the opinion of the Court.

This is the attorney's fee aftermath of major school desegregation litigation in Kansas City, Missouri. We granted certiorari, 488 U.S. 888 (1988), to resolve two questions relating to fees litigation under 90 Stat. 2641, as amended, 42 U. S. C. § 1988. First, does the Eleventh Amendment prohibit enhancement of a fee award against a State to compensate for delay in payment? Second, should the fee award compensate...

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