KAY v. DAVID DOUGLAS SCHOOL DISTRICT NO. 40

No. 87-734.

484 U.S. 1032 (1988)

KAY ET AL. v. DAVID DOUGLAS SCHOOL DISTRICT No. 40 ET AL.

Supreme Court of United States.

January 19, 1988.


Certiorari denied.

JUSTICE WHITE, dissenting.

This case presents the difficult question whether a plaintiff can recover attorney's fees under 42 U.S.C. § 1988 when the underlying action has become moot because of compliance by the defendant with a court order. Here petitioners challenged respondents' plans to incorporate formal public prayer in the commencement exercises of a public high school. After numerous unsuccessful attempts to persuade respondents...

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