The final issue in this case concerns the propriety of the district court's award of attorneys' fees to Revere's first contention, that Grosz-Salomon is not a prevailing party, is rendered moot by our decision second contention, that it is per se error for the district court not to engage in the five-factor inquiry elaborated in Hummell v. ,50 is flatly contradicted by our decision in Nelson v. 51 In that case, we explicitly stated that where, as here, the fact that the plaintiff prevailed "is evident from the order of the district court, it is unnecessary for the court to engage in a discussion of the factors enumerated in Hummell. "52 We see no reason, and we have no authority, to reconsider that position.
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