northcross memphis board education argued decided june since appeals denial costs attorneys fees emergency school aid act petitioners successful litigation aimed desegregating public schools memphis without stated reasons determine whether proper standard newman piggie park enterprises correctly applied certiorari granted vacated remanded per curiam case presents question propriety emergency school aid act stat denial attorneys fees successful plaintiffs litigation aimed desegregating public schools memphis tennessee section became effective july provides pon entry final order local educational agency state agency thereof agency thereof action seeking redress illegal unconstitutional discrimination respect elementary secondary education discretion upon finding proceedings necessary bring compliance may allow prevailing party reasonable attorney fee part costs case appeals sixth circuit denied petitioners motion award attorneys fees appeals however state reasons denial therefore possible determine whether appeals applied proper standard reaching result section tracks wording civil rights act stat provides action seeking enforce title ii act discretion may allow prevailing party reasonable attorney fee part costs newman piggie park enterprises held one succeeds obtaining injunction title ordinarily recover attorney fee unless special circumstances render award unjust similarity language course strong indication two statutes interpreted pari passu moreover two provisions share common raison plaintiffs school cases private attorneys general vindicating national policy sense plaintiffs title ii actions enactment provisions purpose encourage individuals injured racial discrimination seek judicial relief johnson combs quoting newman piggie park enterprises supra therefore conclude requirements satisfied successful plaintiff ordinarily recover attorney fee unless special circumstances render award unjust since impossible us determine whether appeals applied standard whether correctly grant petition certiorari vacate judgment insofar relates denial attorneys fees remand appeals proceedings consistent opinion see taylor mckeithen cf california krivda justice marshall participate consideration decision case footnotes need therefore decide whether authorizes award attorneys fees insofar expenses incurred prior date section came effect also decide whether circumstances award attorneys fees permissible suits brought absence specific statutory authorization award see knight auciello lee home sites