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BUTLER v. U.S. DEPT. OF AGRICULTURE

No. 86-3875 Summary Calendar.

826 F.2d 409 (1987)

Carl K. BUTLER, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF AGRICULTURE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 10, 1987.

Attorney(s) appearing for the Case

Carl K. Butler, pro se.

Thomas L. Watson, Asst. U.S. Atty., John Volz, U.S. Atty., New Orleans, La., for defendant-appellee.

Before POLITZ, WILLIAMS and JONES, Circuit Judges.

POLITZ, Circuit Judge:

The principal issue on this appeal is whether the United States, through one of its agencies, may be awarded attorney's fees as the prevailing party-defendant under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5(k). The magistrate before whom the case was tried by consent awarded such fees. For the reasons assigned, we affirm the ruling on the merits and reverse the award of attorney's fees.

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