Unpublished Disposition, 904 F.2d 41 (9th Cir. 1990)

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US Court of Appeals for the Ninth Circuit - 904 F.2d 41 (9th Cir. 1990)

Michael ROMBERG; Debra Romberg, Plaintiffs-Appellees,Cross-Appellants,v.Robert NICHOLS; Dennis Lazzari; Hugh Lloyd; JohnnyJurtado; Thomas Laing; Diane Hannon; R.D.Campbell, Defendants-Appellants, Cross-Appellees.

Nos. 89-55202, 89-55218.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 7, 1990.Decided May 25, 1990.

Before WALLACE, DAVID R. THOMPSON and O'SCANNLAIN, Circuit Judges.


ORDER

The district court's order granting attorney's fees in this case is vacated and the case remanded to the district court.

Within sixty days of the date of this order, the district court shall determine whether plaintiffs are entitled to an award of attorney's fees as "prevailing party" under 42 U.S.C. § 1988 in light of Texas State Teachers Association v. Garland Independent School District, 109 S. Ct. 1486, 1493 (1989) (stating that "a district court would be justified" in determining that a plaintiff was not a prevailing party " [w]here the plaintiff's success on a legal claim can be characterized as purely technical or de minimis").

A copy of such order shall be filed with the clerk of this court.

Any future appeals will be referred to this panel and will be handled on an expedited basis.

VACATED AND REMANDED.