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GRAHAM v. HENEGAR

No. 79-2177.

640 F.2d 732 (1981)

Robert GRAHAM, on behalf of himself and others similarly situated, Plaintiffs-Appellants, v. Walter E. HENEGAR, individually and as Chief of the Fire Prevention & Protection Div., Ft. Bliss; MG John J. Koehler, individually and as Commander of Ft. Bliss and Clifford L. Alexander, Jr., individually and as Secretary of the Army, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit A

March 26, 1981.

Attorney(s) appearing for the Case

Michael T. Milligan, El Paso, Tex., for plaintiffs-appellants.

Janet Ruesch, Asst. U. S. Atty., El Paso, Tex., Robert A. DeMetz, Litigation Div., Dept. of the Army, Washington, D. C., for defendants-appellees.

Before COLEMAN, RUBIN and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc.

JERRE S. WILLIAMS, Circuit Judge:

The ultimate issue in this Fair Labor Standards Act case is whether the amount of attorney's fees requested by a plaintiff should be included in calculating the amount of the plaintiff's claim for purposes of jurisdiction under the Tucker Act. Because we hold that attorney's fees provided for by statute should be included in determining the amount...

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