Associated Builders and Contractors, Inc. v. MacDonald

5 F.3d 534 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ASSOCIATED BUILDERS AND CONTRACTORS, INC., Sierra Nevada Chapter; Electrical Joint Apprenticeship Committee; Sierra Nevada Chapter ABC Apprenticeship Trust Fund, Plaintiffs-Appellants, v. Frank MACDONALD, Defendant-Appellee. No. 92-15414. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 10, 1993. Decided Sept. 7, 1993. Before: KOZINSKI, THOMPSON, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * 2 1. Attorney's Fees Pursuant to 42 U.S.C. Sec. 1988 3 Under 42 U.S.C. Sec. 1988 , "[c]ourts have discretion to award reasonable attorneys' fees to the prevailing party in a section 1983 action." Diaz v. San Jose Unified School Dist., 861 F.2d 591 , 597 (9th Cir.1988). 4 Plaintiffs argued below (in their Points and Authorities of January 25, 1990) that they should have been awarded Sec. 1988 attorney's fees because they prevailed in their Sec. 1983 equal protection claim. The memorandum embodying this…