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FOSTER v. BOORSTIN

No. 76-1487.

561 F.2d 340 (1977)

George FOSTER, Appellant, v. The Honorable Daniel J. BOORSTIN, Librarian of Congress, The Library of Congress.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 1977.

As Amended August 11, 1977.

Attorney(s) appearing for the Case

Bill Lann Lee, New York City, with whom Charles Stephen Ralston, Melvyn R. Leventhal, Eric Schnapper and Shalon Ralph, were on the brief, for appellant.

Richard A. Graham, Asst. U.S. Atty., Washington, D.C., with whom Earl J. Silbert, U.S. Atty., and John A. Terry and Joseph Guerrieri, Jr., Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before BAZELON, Chief Judge, and WRIGHT and ROBB, Circuit Judges.

Opinion for the court filed by J. SKELLY WRIGHT, Circuit Judge.

J. SKELLY WRIGHT, Circuit Judge:

This appeal is from the District Court's judgment denying appellant's claim for attorneys' fees under Section 706(k) of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(k) (1970).1 The District Court held that, because appellant was not a "prevailing party" within the language of that...

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