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SHIPES v. TRINITY INDUSTRIES, INC.

Nos. 87-2885, 88-2027.

883 F.2d 339 (1989)

Forest Henry SHIPES, On Behalf of Himself and Others Similarly Situated, et al., Plaintiffs-Appellees, Cross-Appellants, v. TRINITY INDUSTRIES, INC., Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

August 31, 1989.

Attorney(s) appearing for the Case

George A. Harper, Ennis, Tex., for defendant-appellant, cross-appellee.

Ellen Hahn, Larry R. Daves, Nell Hahn, Austin, Tex., for plaintiffs-appellees, cross-appellants.

Jeffrey C. Bannon, Atty., E.E.O.C., Washington, D.C., for amicus curiae, E.E.O.C.

Before KING, GARWOOD, and DAVIS, Circuit Judges.

KING, Circuit Judge:

Defendants-appellants appeal from the award of interim attorney's fees following a decision in plaintiffs' favor at the conclusion of the liability phase of the underlying employment discrimination suit. For the reasons set forth below, we find that the order awarding interim attorney's fees is not a final and appealable decision and accordingly dismiss this appeal without reaching the merits of the attorney's fee award.

I.

Plaintiffs...

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