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OBIN v. DIST. NO. 9 OF INTERN. ASS'N, ETC.

No. 80-1315.

651 F.2d 574 (1981)

Morris OBIN, Appellant, v. DISTRICT NO. 9 OF THE INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS; Anheuser-Busch, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 11, 1981.

Attorney(s) appearing for the Case

Jerome A. Diekemper, argued, Diekemper, Hammond & Shinners, St. Louis, Mo., for appellee, Dist. No. 9.

Gerald Kretmar, argued, Levin & Weinhaus, St. Louis, Mo., for plaintiff-appellant.

Dennis C. Donnelly, argued, Rebecca R. Kionka, Thomas K. O'Shaughnessy, Bryan, Cave, McPheeters & McRoberts, St. Louis, Mo., for appellee, Anheuser-Busch, Inc.

Before LAY, Chief Judge; BRIGHT, Circuit Judge; and LARSON, Senior District Judge.

BRIGHT, Circuit Judge.

This appeal presents two principal questions for review: (1) whether the ten-day period for serving motions to alter or amend a judgment, Fed.R.Civ.P. 59(e), applies to a postjudgment motion for an award of attorney's fees; and (2) whether the district court abused its discretion in this case by assessing attorney's fees against a discharged employee who unsuccessfully sought monetary and injunctive relief from his employer for breach of contract...

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