CABRERA v. MARTIN

Nos. 90-16665, 90-16666.

973 F.2d 735 (1992)

Isabel CABRERA, Manuel Perez, Roberto Ixta, Teresa Mendez, Andrea Pineda, Rudolfo Castillo, Maria Lizazaga, et al., Plaintiffs-Appellees, v. Lynn MARTIN, Secretary of Labor, John Pendergrass, Assistant Secretary of Labor for Occupational Safety and Health, James Lake, Acting Regional Administrator, Region IX, United States Occupational Safety and Health Administration, Defendants-Appellants, George Deukmejian, Governor of the State of California, Defendant. Isabel CABRERA, Manuel Perez, Roberto Ixta, Teresa Mendez, Andrea Pineda, Rudolfo Castillo, Maria Lizazaga, et al., Plaintiffs-Appellees, v. Lynn MARTIN, Secretary of Labor, John Pendergrass, Assistant Secretary of Labor for Occupational Safety and Health, James Lake, Acting Regional Administrator, Region IX, United States Occupational Safety and Health Administration, Defendants, George Deukmejian, Governor of the State of California, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 21, 1992.


Attorney(s) appearing for the Case

Robert M. Loeb, U.S. Dept. of Justice, Washington, D.C., for Federal defendants-appellants.

Daniel G. Stone and Shelly Mydans, Deputy Atty. Gen., Sacramento, Cal., for State defendant-appellant.

Richard M. Pearl, Law Offices of Richard M. Pearl, San Francisco, Cal., for plaintiffs-appellees.

Before: FARRIS, RYMER, Circuit Judges, and KENYON, District Judge, sitting by designation.


KENYON, District Judge:

The Governor of the State of California, the Secretary of the U.S. Department of Labor ("DOL"), and two lower officials at the United States Occupational Safety and Health Administration appeal the district court's judgment awarding the appellees attorney's fees against DOL and the Governor pursuant to 42 U.S.C. § 1988. The appellees, comprised of three labor organizations and seven private sector employees who work in California, charged...

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