DONOVAN v. BURLINGTON NORTHERN, INC.

No. 84-4202.

781 F.2d 680 (1986)

Raymond J. DONOVAN, Secretary of Labor, United States Department of Labor, Petitioner-Appellant, v. BURLINGTON NORTHERN, INCORPORATED, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 23, 1986.


Attorney(s) appearing for the Case

Andrea C. Casson, Atty. U.S. Dept. of Labor, Washington, D.C., for petitioner-appellant.

Charles Dearden, Burlington Northern Law Dept., Billings, Mont., for respondent-appellant.

Before SNEED, SCHROEDER, and BRUNETTI, Circuit Judges.


SNEED, Circuit Judge:

The Secretary of Labor appeals from an order of the United States District Court for the District of Montana denying the Secretary's petition for an award of attorney's fees and costs. We reverse and remand to the district court for redetermination of such fees and costs consistent with the principles outlined below.

I.

FACTS AND PROCEEDINGS BELOW

In December 1980, the Secretary of Labor (Secretary) applied for and...

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