newman
piggie
park
enterprises
argued
march
decided
march
one
succeeds
obtaining
injunction
title
ii
civil
rights
act
ordinarily
recover
attorney
fee
unless
special
circumstances
render
award
unjust
limited
appeals
held
award
counsel
fees
defenses
advanced
purposes
delay
good
faith
modified
affirmed
jack
greenberg
argued
cause
petitioners
brief
james
nabrit
iii
michael
meltsner
matthew
perry
lincoln
jenkins
hemphill
pride
ii
appearance
respondents
per
curiam
petitioners
instituted
class
action
title
ii
civil
rights
act
stat
enjoin
racial
discrimination
five
restaurants
sandwich
shop
owned
operated
respondents
south
carolina
district
held
operation
respondents
restaurants
affected
commerce
within
meaning
stat
found
undisputed
evidence
negroes
discriminated
six
restaurants
supp
district
erroneously
concluded
title
ii
cover
restaurants
sort
involved
case
thus
enjoined
racial
discrimination
respondents
sandwich
shop
appeals
reversed
district
refusal
enjoin
discrimination
establishments
directed
attention
section
title
ii
provides
prevailing
party
entitled
reasonable
attorney
fee
discretion
stat
remanding
case
appeals
instructed
district
award
counsel
fees
extent
respondents
defenses
advanced
purposes
delay
good
faith
granted
certiorari
decide
whether
subjective
standard
properly
effectuates
purposes
provision
title
ii
civil
rights
act
hold
civil
rights
act
passed
evident
enforcement
prove
difficult
nation
rely
part
upon
private
litigation
means
securing
broad
compliance
law
title
ii
suit
thus
private
form
plaintiff
brings
action
title
recover
damages
obtains
injunction
alone
also
private
attorney
general
vindicating
policy
congress
considered
highest
priority
successful
plaintiffs
routinely
forced
bear
attorneys
fees
aggrieved
parties
position
advance
public
interest
invoking
injunctive
powers
federal
courts
congress
therefore
enacted
provision
counsel
fees
simply
penalize
litigants
deliberately
advance
arguments
know
untenable
broadly
encourage
individuals
injured
racial
discrimination
seek
judicial
relief
title
ii
follows
one
succeeds
obtaining
injunction
title
ordinarily
recover
attorney
fee
unless
special
circumstances
render
award
unjust
circumstances
present
district
remand
include
reasonable
counsel
fees
part
costs
assessed
respondents
modified
judgment
appeals
affirmed
footnotes
connection
noteworthy
permits
intervention
attorney
general
privately
initiated
title
ii
suits
general
public
importance
provides
circumstances
may
deem
district
may
appoint
attorney
complaint
may
authorize
commencement
civil
action
without
payment
fees
costs
security
pattern
practice
discrimination
reasonably
believed
exist
may
attorney
general
institute
civil
action
injunctive
relief
see
pt
pt
pt
congress
objective
authorize
assessment
attorneys
fees
defendants
make
completely
groundless
contentions
purposes
delay
new
statutory
provision
necessary
long
held
federal
may
award
counsel
fees
successful
plaintiff
defense
maintained
bad
faith
vexatiously
wantonly
oppressive
reasons
moore
federal
practice
indeed
even
borderline
case
respondents
interposed
defenses
patently
frivolous
denial
counsel
fees
petitioners
manifestly
inequitable
thus
example
fact
defendants
discriminated
sandwich
shop
denied
although
defendants
undertake
trial
support
denials
includable
category
defendants
contention
twice
pleaded
decision
katzenbach
mcclung
act
unconstitutional
grounds
foreclosed
mcclung
defendants
contention
act
invalid
contravenes
god
constitutes
interference
free
exercise
defendant
religion
separate
opinion
judge
winter