SMITH v. JOSTEN'S AMERICAN YEARBOOK

No. 78-1454.

624 F.2d 125 (1980)

Pamela Sue SMITH, Individually and on behalf of all others similarly situated, Plaintiff-Appellee, v. JOSTEN'S AMERICAN YEARBOOK COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided June 13, 1980.


Attorney(s) appearing for the Case

Thomas P. Kane of Oppenheimer, Wolff, Foster, Shepard & Donnelly, St. Paul, Minn. (Michael J. Bleck of Oppenheimer, Wolff, Foster, Shepard & Donnelly, St. Paul, Minn., and Stewart L. Entz of Colmery, McClure, Funk, Letourneau & Entz, Topeka, Kan., with him, on brief), for defendant-appellant.

Gordon Gelfond of Adler, Barish, Daniels, Levin & Creskoff, Philadelphia, Pa., and Fred W. Phelps, Jr. of Fred W. Phelps-Chartered, Topeka, Kan. (Arnold Levin of Adler, Barish, Daniels, Levin & Creskoff, Philadelphia, Pa., with him, on brief), for plaintiff-appellee.

Before SETH, Chief Judge, and HOLLOWAY and LOGAN, Circuit Judges.


PER CURIAM.

This is an appeal from the trial court's denial of attorney's fees to appellant which was the defendant in the trial court and the prevailing party. Appellee Smith instituted an individual and class action against appellant, alleging sex discrimination under Title VII. After discovery was completed the trial court granted appellant's motion to dismiss the suit. Appellant then moved for an award of attorney's fees...

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