Court of Appeals for the Second Circuit March 29, 1994, No. 899, Docket 93-7875 (LaRouche v. Kezer)

RESTANI, Judge:

The question presented is whether civil rights plaintiffs who lose their appeal on the merits may nevertheless “prevail” for the purposes of an- award of .attorney’s fees, if they succeed in obtaining a stay and injunction pending appeal. We hold that such plaintiffs are not prevailing parties. Therefore, we reverse the district court’s award of attorney’s ■ fees under 42 U.S.C.