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CLARK v. SIMS

Nos. 92-2398, 93-2424.

28 F.3d 420 (1994)

Thomas CLARK; Nancy Clark, Plaintiffs-Appellants, v. Edgar SIMS, Jr.; Jeanette I. Sims, General Partners of KDCA Partnership, a Maryland General Partnership; Maryland Hospitality, Incorporated, Defendants-Appellees, and Andrew M. Sims, a/k/a Best Western Maryland Inn, Defendant. Thomas CLARK; Nancy Clark, Plaintiffs-Appellees, v. MARYLAND HOSPITALITY, INCORPORATED, Defendant-Appellant, and Edgar Sims, Jr.; Jeanette I. Sims, General Partners of KDCA Partnership, a Maryland General Partnership; Andrew M. Sims, a/k/a Best Western Maryland Inn, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 5, 1994.

Attorney(s) appearing for the Case

ARGUED: Roger E. Warin, Steptoe & Johnson, Washington, DC, for Appellants. Michael Patrick Broderick, Donovan, O'Connell & Broderick, Silver Spring, MD, for Appellee. ON BRIEF: Charles F. Monk, Jr., John M. Shoreman, Steptoe & Johnson, Washington, D.C.; Joseph M. Sellers, John P. Relman, Washington Lawyers' Committee for Civ. Rights Under Law, Washington, DC, for appellants.

Before WILKINSON, Circuit Judge, BUTZNER, Senior Circuit Judge, and GODBOLD, Senior Circuit Judge of the United States Court of Appeals for the Eleventh Circuit, sitting by designation.

Vacated and remanded by published opinion. Judge WILKINSON wrote the opinion, in which Senior Judge BUTZNER and Senior Judge GODBOLD joined.

OPINION

WILKINSON, Circuit Judge:

The question in this case is whether the district court properly calculated the plaintiffs' recovery of attorney's fees based on a settlement offer that was not formally memorialized or served upon the plaintiffs. Because the offer was insufficient to constitute an offer of...

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