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GRUBBS v. BUTZ

No. 73-1955.

548 F.2d 973 (1976)

Violet Davis GRUBBS, Individually, and on behalf of all persons similarly situated, Appellant, v. Earl L. BUTZ, Individually, and as Secretary of Agriculture, et al.

United States Court of Appeals, District of Columbia Circuit.

July 26, 1976.

Attorney(s) appearing for the Case

Jane Lang McGrew, Washington, D. C., was on the pleadings for appellant.

Earl J. Silbert, U. S. Atty., John A. Terry, George A. Stohner and Karen I. Ward, Asst. U. S. Attys., Washington, D. C., were on the pleadings for appellee.

Before BAZELON, Chief Judge, and ROBINSON and MacKINNON, Circuit Judges.

Opinion for the Court filed by Chief Judge BAZELON.

Separate Statement filed by Circuit Judge MacKINNON, concurring in the result.

BAZELON, Chief Judge:

The sole question on this motion is whether appellant—who claims but has yet to prove that the Department of Agriculture discriminated against her in employment—is entitled to attorney's fees for services in a substantially successful interlocutory appeal.

On May 4, 1973, Ms....

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