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SMITH v. LAW OFFICES OF MITCHELL N. KAY

Civ. A. No. 90-316-JLL.

762 F.Supp. 82 (1991)

Joseph D. SMITH, Deborah E. Smith, Plaintiffs, v. LAW OFFICES OF MITCHELL N. KAY, Defendant.

United States District Court, D. Delaware.

April 11, 1991.

Attorney(s) appearing for the Case

O. Randolph Bragg, UAW Legal Services Plan, Newark, Del., for plaintiffs.

Elwyn Evans, Jr., Evans & Evans, Wilmington, Del., for defendant.

LATCHUM, Senior District Judge.

Presently before the Court is the plaintiffs' motion for a supplemental award of attorney's fees pursuant to 15 U.S.C. § 1692k(a)(3) of the Fair Debt Collection Practices Act ("FDCPA"). (D.I. 26 & 27). The defendant opposes the plaintiffs' motion on the grounds that the plaintiffs were not prevailing parties in the post trial phase of the proceedings, or in the alternative, that the plaintiffs have already been adequately compensated...

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