CHRISTIANSBURG GARMENT CO. v. EEOC

No. 76-1383.

434 U.S. 412 (1978)

CHRISTIANSBURG GARMENT CO. v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION.

Supreme Court of United States.

Decided January 23, 1978.


Attorney(s) appearing for the Case

William W. Sturges argued the cause for petitioner. With him on the brief was William B. Poff.

Thomas S. Martin argued the cause for respondent. With him on the brief were Solicitor General McCree, Deputy Solicitor General Wallace, Abner W. Sibal, Joseph T. Eddins, and Beatrice Rosenberg.*

Briefs of amici curiae urging affirmance were filed by Charles A. Bane, Thomas D. Barr, Armand Derfner, Norman Redlich, Robert A. Murphy, Richard T. Seymour, and William E. Caldwell for the Lawyers' Committee for Civil Rights under Law; and by Jack Greenberg, James M. Nabrit III, Charles Stephen Ralston, Melvyn R. Leventhal, and Eric Schnapper for the NAACP Legal Defense & Educational Fund, Inc.

Robert E. Williams, Douglas S. McDowell, and Kenneth C. McGuiness filed a brief for the Equal Employment Advisory Council as amicus curiae.


MR. JUSTICE STEWART delivered the opinion of the Court.

Section 706 (k) of Title VII of the Civil Rights Act of 1964 provides:

"In any action or proceeding under this title the court, in its discretion, may allow the prevailing party . . . a reasonable attorney's fee . . . ."1

The question in this case is under what circumstances an attorney's fee should be allowed when the defendant...

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