SAN ANTONIO METRO. TRANSIT AUTH. v. McLAUGHLIN

No. 88-5550.

876 F.2d 441 (1989)

SAN ANTONIO METROPOLITAN TRANSIT AUTHORITY, Plaintiff-Appellee, v. Ann McLAUGHLIN, Secretary of Labor of the United States, Defendant, Joe G. Garcia, Intervenor-Defendant, Appellant.

United States Court of Appeals, Fifth Circuit.

June 29, 1989.


Attorney(s) appearing for the Case

J. Peter Dowd, Kalman D. Resnick, Chicago, Ill., Les Mendelsohn, San Antonio, Tex., Charles Orlove, Chicago, Ill., for intervenor-defendant-appellant.

George P. Parker, Jr., Judy K. Lytle, Charles J. Fitzpatrick, San Antonio, Tex., for plaintiff-appellee.

Before GARZA, JOLLY and JONES, Circuit Judges.


E. GRADY JOLLY, Circuit Judge:

In this case we consider whether an employee who sued his employer for overtime pay pursuant to section 16(b) of the Fair Labor Standards Act is entitled to an award of attorney's fees and costs after obtaining a judgment against the employer, where the employee has litigated as a defendant-intervenor in a declaratory judgment action filed by the employer against the Secretary of Labor. We find...

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