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LOCAL NO. 149 I. U., U. A., A. & A. I. W. v. AMERICAN BRAKE SHOE CO.

No. 8411.

298 F.2d 212 (1962)

LOCAL NO. 149 INTERNATIONAL UNION, UNITED AUTOMOBILE, AIRCRAFT AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA (UAW-AFL-CIO), Winchester, Virginia, Appellant, v. AMERICAN BRAKE SHOE COMPANY, Winchester, Virginia, PLANT OF AMERICAN BRAKEBLOK DIVISION, Winchester, Virginia, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 5, 1962.

Attorney(s) appearing for the Case

Lowell Goerlich, Washington, D. C. (J. Lynn Lucas, Luray, Va., and Harold A. Cranefield, Detroit, Mich., on brief), for appellant.

Flourney L. Largent, Jr., Winchester, Va. (Largent, Anderson & Larrick, Winchester, Va., on brief), for appellee.

Before BOREMAN and BELL, Circuit Judges, and MARTIN, District Judge.

MARTIN, District Judge.

Appellant, Union, appeals from an order of the District Court refusing to award attorneys' fees to the Union. The Union was the prevailing party in this Court on the merits of a prior appeal. Upon remand to the District Court to effectuate the decision here reached, that court held "it should not be within the power of the courts to penalize litigants because their defenses cannot be upheld," and refused to award attorneys' fees as costs.<...

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