P. MASTRIPPOLITO AND SONS, INC. v. JOSEPH

No. 81-2008.

692 F.2d 1384 (1982)

P. MASTRIPPOLITO AND SONS, INC. and Smith, Bud, Appellees, v. JOSEPH, Myron L., Secretary of Labor and Industry Department of Labor and Industry Commonwealth of Pennsylvania and Rowe, Bradley, Administrator Seasonal Farm Labor Division and Williams, Stan, Inspector Seasonal Farm, Labor Division and Feliciano, Martin, Inspector Seasonal Farm, Labor Division and Meister, George W., Inspector, Seasonal Farm Labor Division. Appeal of Bradley ROWE, Stan Williams, Martin Feliciano and George Meister.

United States Court of Appeals, Third Circuit.

Decided November 15, 1982.


Attorney(s) appearing for the Case

Steger & Howell, Ltd., Eugene A. Steger, Jr., Kennett Square, Pa., for appellees.

Leroy S. Zimmerman, Atty. Gen., Mary Ellen Krober, Allen C. Warshaw, Deputy Attys. Gen., Chief, Civ. Litigation, Harrisburg, Pa., for appellants.

Before SEITZ, Chief Judge, ROSENN, Senior Circuit Judge, and GARTH, Circuit Judge.


Submitted Under Third Circuit Rule 12(6) September 16, 1982.

OPINION OF THE COURT

PER CURIAM.

In this appeal the Commonwealth of Pennsylvania ("Commonwealth") seeks a determination that the district court abused its discretion by not awarding to the Commonwealth, attorney's fees and costs incurred in defense of a section 1983 action instituted by appellee P. Mastrippolito and Sons, Inc. ("Mastrippolito"). We hold that failing to grant attorney's...

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