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E. E. O. C. v. EASTEX, INC.

No. 76-2847.

568 F.2d 403 (1978)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. EASTEX, INCORPORATED, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 24, 1978.

Attorney(s) appearing for the Case

Marleigh Dover Lang, Abner W. Sibal, Gen. Counsel, Joseph T. Eddins, Associate Gen. Counsel, Beatrice Rosenberg, Asst. Gen. Counsel, Washington, D. C., for plaintiff-appellant.

Michael K. Wyatt, Kenneth I. Jonson, Washington, D. C., Tom M. Davis, Houston, Tex., for Eastex, Inc.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.

RONEY, Circuit Judge:

The district court awarded Eastex, Inc., the prevailing defendant in this Title VII action, attorney's fees pursuant to 42 U.S.C.A. § 2000e-5(k). On appeal, the Equal Employment Opportunity Commission argues that this litigation was not "frivolous or vexatiously brought," and the award of attorney's fees should be reversed.

Subsequent to the district court's decision, the standard for awarding fees to a prevailing defendant has undergone...

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