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ARNOLD v. BURGER KING CORP.

No. 81-1697.

719 F.2d 63 (1983)

James D. ARNOLD, Jr., Appellant, v. BURGER KING CORPORATION and Fickling Enterprises, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided October 5, 1983.

Rehearing and Rehearing Denied February 28, 1984.

Attorney(s) appearing for the Case

Daniel H. Pollitt, University of North Carolina School of Law, Chapel Hill, N.C., for appellant.

Thornton H. Brooks, Greensboro, N.C. (William P.H. Cary, Greensboro, N.C., on brief) and G. Jona Poe, Jr., Durham, N.C. (Terry D. Fisher; Stubbs, Cole, Breedlove, Prentis & Poe, Durham, N.C., Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, N.C., on brief), for appellees.

Before PHILLIPS, SPROUSE and ERVIN, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 28, 1984.

SPROUSE, Circuit Judge:

James D. Arnold, Jr., appeals from the district court judgment awarding Fickling Enterprises and Burger King Corp. attorneys' fees for their successful defense against his race discrimination suit.1 Arnold argues on appeal that the trial court abused its discretion in awarding attorneys' fees to the prevailing defendants and, alternatively, that because...

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