Gage

MEMORANDUM OF OPINION

On December 8, 1978, this Court granted defendants’ motion to dismiss plaintiff’s First Amended Complaint for failure to *718 state a claim, and the First Amended Complaint and the action therein were dismissed with prejudice. At the same time, a hearing was set for the purpose of determining whether under all of the circumstances it would be appropriate to award defendants their attorney’s fees. Such a hearing was held on March 15, 1979. After considering the oral argument of the parties and the post-hearing memoranda and letters submitted herein, this Court finds that an award of fees to defendants is appropriate.

Plaintiff’s federal claims were based upon 42 U.S.C. §§ 1981 , 1982, 1983, 1985(2), (3), and 1986. Statutory provision for awarding attorney’s fees for such claims is found at § 1988:

“In any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of this title, * * * the court, in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney’s fee as part of the costs.” (As amended, Pub.L.No. 94-559, § 2, Oct. 19, 1976, 90 Stat. 2641 .)

The standard for assessing the…