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MILLER-WOHL CO. v. COM'R OF LABOR AND INDUSTRY

No. 81-3333.

694 F.2d 203 (1982)

The MILLER-WOHL CO., INC., Plaintiff-Appellant, v. COMMISSIONER OF LABOR AND INDUSTRY, STATE OF MONTANA, and Tamara L. Buley, Defendants-Appellees. Equal Employment Opportunity Commission, California Dep't of Fair Employment & Housing, Employment Law Center, and Equal Rights Advocates, Inc., Amici Curiae.

United States Court of Appeals, Ninth Circuit.

Decided August 27, 1982.

Order December 7, 1982.

Attorney(s) appearing for the Case

Charles L. Fine, Phoenix, Ariz., for plaintiff-appellant.

Paul Van Tricht, Helena, Mont., argued, for Com'r of Labor.

Richard R. Buley, Missoula, Mont., argued, for T.L. Buley; Tipp, Hoven, Skjelset & Fizzell, Missoula, Mont., on brief.

Linda Krieger, San Francisco, Cal., for Dept. of Fair Employment.

Karen MacRae Smith, Washington, D.C., for E.E.O.C.

Before WRIGHT, KILKENNY and CANBY, Circuit Judges:

ORDER

Amici curiae Employment Law Center and Equal Rights Advocates, Inc. raised, briefed, and argued, at the appellate level, the jurisdictional issue that disposed of this case.1 They now present us with an extraordinary request: they move for an award of attorney fees from the unsuccessful plaintiff-appellant, Miller-Wohl Co. They contend that their extensive participation has made them parties to this litigation.

An amicus...

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