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638 F.2d 24 Page 1 of 1 638 F.2d 24 Douglas C. COEN and Robert Page, individually and as officers of the Invisible Empire, Knights of the Ku Klux Klan, Mississippi Gulf Coast Chapter; and the Invisible Empire, Knights of the Ku Klux Klan, Mississippi Gulf Coast Chapter, Plaintiffs-Appellants, v. The HARRISON COUNTY SCHOOL BOARD et al., Defendants- Appellees. No. 79-3970. United States Court of Appeals, Fifth Circuit. Unit A Feb. 23, 1981. Rehearing and Rehearing En Banc Denied April 7, 1981. Robert J. LaBine, Cooperating Att'y. for the American Liberties Union, Long Beach, N.Y., Joseph Edward Cuarino, Brooklyn, N.Y., for plaintiffs-appeHants. Boyce Holleman, Ben R. Galloway, Gulfport, Miss., for defendants-appellees. Appeal from the United States District Court for the Southern District of Mississippi. Before WISDOM, POLITZ and SAM D. JOHNSON, Circuit Judges. PER CURIAM: 1 The plaintiffs in this civil rights case appeal from a grant of one hundred dollars in attorney's fees, contending that the amount is too low. We affirm. 2 The plaintiffs are a unit of the Ku Klux Klan and two of its officers. In 1977 and 1978 they requested permission from the School Board of Harrison County, Mississippi, to hold an "Americanism Rally" at the ballpark facilities of Saucier Elementary School in Saucier, Mississippi. The School Board denied their requests. 3 The plaintiffs filed this suit under 42 U.S.C. § 1983 (1976), alleging deprivations of their first and fourteenth amendment rights and demanding declaratory and injunctive relief. After trial but before judgment, the trial judge suggested that the plaintiffs should make a new application including assurances that they would post a bond for costs and property damage and would not burn crosses, carry firearms, or wear hooded robes. The plaintiffs did so, and the School Board granted permission for the rally. The rally was held on September 16,1978 without violence or disturbance. Accordingly, the district court never issued a judgment on the merits. The plaintiffs moved for allowance of attorney's fees of $8,192.36 under the Civil Rights Attorney's Fees Awards Act of 1976, 42 U.S.C. § 1988 (1976). Under that https://bulk.resource.Org/courts.gov/c/F2/638/638.F2d.24.79-3970.html 6/18/2013
Ku Klux Klan Sam-Bowers-Metapedia-Article-(4)