Read the following excerpt from a US court opinion:
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distinguishes work specific to Williams. (Jan. 31, 2006 Hackett Aff. 113-9.) Indeed, the affidavit explains that defense counsel excluded approximately $1 million in fees for work that could be used in this case and Kutten II. (Id. 13.) Third, Plaintiffs argue that Rule 41(d) provides only for an award of costs—not attorneys’ fees. Courts disagree on this issue. See Rogers, 230 F.3d at 874-75 (conceding that “the majority of courts find that attorney fees are available under Rule 41(d),” but nonetheless holding that the plain language of Rule 41(d) does not include attorneys’ fees). However, the Eighth Circuit Court of Appeals has awarded attorneys’ fees under Rule 41(d). See Evans v. Safeway Stores, Inc., 623 F.2d 121, 122 (8th Cir.1980); see also Copeland, 462 F.Supp.2d at 1022-24 . In addition, the Eighth Circuit has
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What is the most suitable continuation to the opinion? Your options are:
A. holding trial court had no authority to award attorneys fees when arbitrator had stated he would not award attorneys fees
B. holding that a court may award attorneys fees under rule 41d
C. holding that a district court may award attorneys fees while the merits are on appeal
D. holding that an award of attorneys fees under supreme court rule 38 precursor to rule 222 did not preempt an award of attorneys fees to which one is otherwise entitled and thus appellant could seek an award of attorneys fees pursuant to section 1577300 which permits an award of fees for a party prevailing in an action against a state agency
E. holding that a court may award attorneys fees in a successful lmrda action
Reply with [A, B, C, D, E] only.