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Fred Hampton — Part 3
Page 81
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Nos. 77-1698, 77-1210 & 77-1870 77
community; (6) whether the fee is fixed or con-
tingent; (7) time limitations imposed by client or
circumstances; (8) the amount involved and the
results obtained; (9) the experience, reputation and
ability of the attorney; (10) the undesirability of the
case; (11) the nature and length of the professional
relationship with the client; (12) awards in similar
cases.
Id. at 717-19, as cited in King v. Greenblatt, 560 F.2d
1024, 1026-27 (1st Cir. 1977) cert. denied, 46 U.S.L.W.
3803 (June 27, 1978).
Plaintiffs also seek attorney’s fees for their trial work.
e language of the Act precludes an award to the un-
successful party in a civil rights trial. In the case at bar,
plaintiffs were not “the prevailing party” at the trial
level and therefore are not permitted to receive fees for
that effort under section 1988. In light of our decision to-
day, however, we hold that if plaintiffs ultimately
prevail, the district court shall award reasonable at-
torneys’ fees for the district court phase of the case
preceding this appeal in addition to any further at-
torneys’ fees the trial court may deem appropriate after
retrial.
XI. CONTEMPT JUDGMENTS
In separate appeals Jeffrey H. Haas and G. Flint
Taylor, attorneys for plaintiffs, asked that the contempt
judgments entered against them be reversed. These
appeals have been consolidated with the main appeal. In
order to appraise fully these contempt matters, it is
necessary to present the facts in detail.
TAYLOR
In the last days of October 1976 plaintiffs called
Robert Zimmers, the FBI firearms expert, as a witness.
On November 1, while Zimmers was on the stand, the
following took place:
Mr. Haas [attorney for plaintiffs]: I now show
you what I will mark as RZ51 and ask you what
type of weapon is this, sir?
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