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NAT. ASS'N OF LETTER CARRIERS v. U. S. POSTAL SERV.

No. 77-1442.

590 F.2d 1171 (1978)

NATIONAL ASSOCIATION OF LETTER CARRIERS, AFL-CIO, Appellant, v. UNITED STATES POSTAL SERVICE.

United States Court of Appeals, District of Columbia Circuit.

Decided December 8, 1978.

Attorney(s) appearing for the Case

Mozart G. Ratner, Washington, D. C., with whom Daniel B. Edelman, Washington, D. C., was on the brief, for appellant.

Stephen E. Alpern, Atty., U. S. Postal Service, Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, and William D. Pease, Asst. U. S. Attys., Washington, D. C., were on the brief, for appellee.

Before LUMBARD, Senior Circuit Judge for the United States Court of Appeals for the Second Circuit, and McGOWAN and MacKINNON, Circuit Judges.

Opinion for the court filed by MacKINNON, Circuit Judge.

MacKINNON, Circuit Judge:

The issue presented by this case is narrow—whether the district court erred when it refused to assess attorneys' fees against the Postal Service on the facts of this case.

I

On April 17, 1975, Robert T. Williams, a postal employee in the Newark, Ohio, Post Office, was arrested and charged with "Theft of Mail by a Postal Employee." As a result, the Postal...

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