John E. Buxton, Oliver C. Henry and Lee E. Washington, Plaintiffs-Cross/appellants v. Ichharambhia M. Patel, Defendant-Cross/appellee

Appellants appeal the denial of their requests for attorneys’ fees following jury verdicts entered in their favor on claims under 42 U.S.C. § 1982 . The sole issue presented in this appeal is whether the district judge abused his discretion under the Civil Rights Attorney’s Fees Awards Act, amending 42 U.S.C. § 1988 , when he denied appellants’ requests for attorneys’ fees. We find no abuse of discretion and affirm.

I.

FACTS.

Plaintiffs-appellants John E. Buxton, Oliver C. Henry and Lee E. Washington filed a complaint on April 15, 1976, alleging violation of their rights to lease real property under 42 U.S.C. § 1982 . An additional claim alleging violation of their right to contract under 42 U.S.C. § 1981 was dismissed by the district court. Appellants each sought actual damages for alleged loss of profits; compensatory damages of $10,-000; punitive damages of $10,000; litigation costs; and attorneys’ fees. Defendantappellee Ichharambhia M. Patel answered on May 13, 1976, denying any violation and seeking reasonable attorney’s fees on a counterclaim for malicious prosecution.

After trial on January 26 and 27, 1977, the jury returned a verdict in favor of each of the three…