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JANOWSKI v. INT. BROTH. OF TEAMSTERS LOCAL NO. 710

No. 85-1287.

812 F.2d 295 (1987)

William R. JANOWSKI and Robert H. Barnhisel, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL NO. 710 PENSION FUND, William D. Joyce, John D. Lelahan, Anthony Curcio, Robert J. Baker, John J. Barranco and Roy M. Pride, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 9, 1987.

As Corrected March 9, 1987.

Attorney(s) appearing for the Case

Marvin Gittler, Asher Pavalon Gittler & Greenfield, Chicago, Ill., for defendants-appellants.

Michael J. Freed, Much, Shelist, Freed, Denenbert, Ament & Eiger, Chicago, Ill., for plaintiffs-appellees.

Before BAUER, Chief Judge, and CUMMINGS and POSNER, Circuit Judges.

BAUER, Chief Judge.

The issue in this appeal is whether the district court properly exercised its discretion in awarding plaintiffs attorney's fees and costs including prejudgment interest. We hold that plaintiffs are not "the prevailing parties" in this litigation and therefore reverse the district court's award of attorneys' fees and costs.

I.

This case involved a challenge by two participants of the International Brotherhood of Teamsters Local...

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