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A supporter awaits the New Jersey Supreme court decision on same-sex marriage in front of the Supreme court building October 25, 2006 in Trenton, New Jersey.
The lawyers who successfully sued to overturn California's gay marriage ban are indicating they plan to recover attorney's fees if the verdict is upheld on appeal.
In papers filed Tuesday, attorneys for two same-sex couples and the city of San Francisco asked the court to extend a deadline for seeking reimbursement from the losing side. In this case, that would be the groups that put the ban on the 2008 ballot.
Sponsors of Proposition 8 defended the ban in court after California's governor and attorney general refused to.
Lawyers familiar with scope of the case suggest the dollar amount would be in the millions.
Plaintiffs lawyer Theodore Boutrous Jr. says it makes sense to wait until the 9th U.S. Circuit Court of Appeals decides on the Aug. 4 ruling that overturned the ban.