United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 10-2738 ___________

Carolyn Betton; Cytoys Durham; * Colette Howard; Jurlean Johnson; * Charlene King, * * Plaintiffs, * * Eric T. Tolen, * Appeal from the United States * District Court for the Appellant, * Eastern District of Missouri. * v. * [UNPUBLISHED] * St. Louis County, Missouri, * * Appellee. *

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Submitted: December 21, 2010 Filed: December 30, 2010 ___________

Before BYE, BOWMAN, and COLLOTON, Circuit Judges. ___________

PER CURIAM. Eric Tolen appeals the district court’s1 denial of his request for attorney fees in the matter of Betton v. St. Louis County, No. 4:05-cv-01455. We conclude that the district court did not abuse its discretion in denying Tolen’s request. See Peter v. Jax, 187 F.3d 829, 833 (8th Cir. 1999) (standard of review). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________

1 The Honorable Jean C. Hamilton, United States District Judge for the Eastern District of Missouri.

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