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Supp. 711 (E.D. La. 1977). SCHOOL LAW BULLETIN RECENT COURT DECISIONS ATTORNEY FEES. Wheeler v. Durham City Board of Education, No. 77-1835 (4th Cir. Oct. 2, 1978). Facts: This decision concerns the award of attorney fees in a school desegration case that hegan in 1960. Under traditional American practice, attorney fees were not considered recoverable by a prevailing attor- ney. Rule 54(d) of the Federal Rules of Civil Procedure has also been interpreted to exclude attorney fees in determining ...costs that are to be awarded a prevailing party. In 1972, however, Congress, in an attempt to encourage meritorious school desegregation litigation and compensate prevailing parties in significant social litigation, enacted the Emergency School Aid Act of 1972 (20 U.S. C. § 1617). Four years later it enacted the Civil Rights Attorney Fees Award Act of 1976 (20 U.S.C. § 1983). These statutes are almost identical in awarding attorney's fees; both permit a court to allow the prevailing party, other than the United States, reasonable attorney fees as part of its cost.
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