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E.E.O.C. v. KIMBROUGH INV. CO.

Nos. 81-4429, 82-4043.

703 F.2d 98 (1983)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. KIMBROUGH INVESTMENT COMPANY, d/b/a Sheraton Biloxi Motor Inn, Defendant-Appellee. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellee, v. KIMBROUGH INVESTMENT COMPANY d/b/a Sheraton-Biloxi Motor Inn, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Dissenting Opinion April 1, 1983.

Attorney(s) appearing for the Case

Joseph Ray Terry, Jr., Memphis, Tenn., for E.E.O.C. in No. 81-4429.

Mark S. Flynn, App. Div., E.E.O.C., Washington, D.C., for E.E.O.C.

Michael Farrell, Jackson, Miss., for Kimbrough Inv. Co.

Before CLARK, Chief Judge, RUBIN and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge.

The Equal Employment Opportunity Commission charges racial discrimination in this class action suit as representative of a specified class of hotel employees. The EEOC appeals the denial of relief in the court below, and the hotel operator appeals the denial of its attorneys' fees claimed as prevailing party. We affirm the decision of the district court.

BACKGROUND

The present cause of action began in 1973 when a...

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