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E.E.O.C. v. L.B. FOSTER CO.

No. 96-3469.

123 F.3d 746 (1997)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Jo Ann Wilson, Intervenor, v. L.B. FOSTER COMPANY Equal Employment Opportunity Commission, Appellant.

United States Court of Appeals, Third Circuit.

Decided August 25, 1997.

Attorney(s) appearing for the Case

Robert J. Gregory (argued), C. Gregory Stewart, General Counsel, Gwendolyn Young Reams, Associate General Counsel, Lorraine C. Davis, Attorney General Counsel, Equal Employment Opportunity Commission, Washington, DC, for appellant.

Elizabeth A. Malloy (argued), Jill M. Lashay, Klett Lieber Rooney & Schorling, Philadelphia, PA, for appellees.

Before: MANSMANN, McKEE, Circuit Judges, and VANARTSDALEN, District Judge.

OPINION OF THE COURT

McKEE, Circuit Judge.

In this appeal, we are asked to review the district court's order awarding attorney's fees pursuant to section 706(k) of Title VII to L.B. Foster Co. as the prevailing defendant in the Title VII action brought by the Equal Employment Opportunity Commission ("EEOC") against that company. For the reasons explained below, we will reverse.

I.

L.B. Foster...

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