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HOLBROOK v. PITT

No. 82-3064.

748 F.2d 1168 (1984)

Doris HOLBROOK, Plaintiff-Appellee, v. Henry C. PITT, Defendant and Third-Party Plaintiff v. SECRETARY, UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, Third-Party Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 19, 1984.

Attorney(s) appearing for the Case

James A. Gramling, Jr., Leg. Action of Wis., Inc., Milwaukee, Wis., for plaintiff-appellee.

Nicholas Zeppos, Dept. of Justice, Civ. Div., Washington, D.C., for third-party defendant-appellant.

Before BAUER and FLAUM, Circuit Judges, and WYATT, Senior District Judge.

WYATT, Senior District Judge.

The Secretary, United States Department of Housing and Urban Development ("HUD"), the third-party defendant herein, appeals from an order of the District Court, filed October 21, 1982, granting a motion by plaintiff Doris Holbrook for an order under 28 U.S.C. § 2412 and the "common fund doctrine" awarding attorneys' fees. The order awarded attorneys' fees of $30,000 and directed that this allowance "be assessed against absent class...

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