WHEELER v. ANCHOR CONTINENTAL, INC.

No. 79-1116.

622 F.2d 94 (1980)

Theodore WHEELER and Donald Wheeler, Appellants, v. ANCHOR CONTINENTAL, INC., Appellee. Equal Employment Opportunity Commission, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided May 29, 1980.


Attorney(s) appearing for the Case

Napoleon B. Williams, Jr., New York City (Jack Greenberg, James M. Nabrit, II, Lowell T. Johnston, New York City, Daniel Fulton and William L. Pyatt, Columbia, S. C., on brief), for appellants.

Warren Bo Duplinsky, E.E.O.C. (Leroy D. Clark, Gen. Counsel, Joseph T. Eddins, Jr., Associate Gen. Counsel, Lutz Alexander Prager, E.E.O.C., Washington, D. C., on brief), for amicus curiae Equal Employment Opportunity Commission.

James B. Spears, Jr., Greenville, S. C. (Robert S. Phifer, Haynsworth, Baldwin & Miles, Greenville, S. C., Thomas E. McCutchen, Whaley, McCutchen & Blanton, Columbia, S. C., on brief), for appellee.

Before RUSSELL, HALL and PHILLIPS, Circuit Judges.


PER CURIAM:

This is an appeal from an order entered during the preliminary proceedings in this Title VII case granting attorney's fees against counsel for the plaintiffs for "vexatiously and unreasonably multipl[ing] and prolong[ing] the pre-trial proceedings . . resulting in excessive costs to defendant." A stay of such order was granted during the pendency of this appeal. Without deciding whether as a matter of statutory construction, the appeal from such order...

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