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O'NEILL v. CHURCH'S FRIED CHICKEN, INC.

Nos. 89-5611, 89-5621.

910 F.2d 263 (1990)

Dixie J. O'NEILL, Etc., Plaintiff-Appellee, v. CHURCH'S FRIED CHICKEN, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 30, 1990.

Attorney(s) appearing for the Case

Fred Shannon and Barbara H. Nellermoe, Shannon & Weidenbach, Inc., San Antonio, Tex., Peter J. Butler, Peter J. Butler, Jr., Vincent J. Booth, Locke, Purnell, Rain & Harrell, New Orleans, La., for defendant-appellant.

Charles Estee, Shannon & Weidenbach, Inc., San Antonio, Tex., Samuel Kadet, Skadden, Arps, Slate, Meagher & From, New York City, for defendant-appellant in No. 89-5621.

Robert J. Myers, Willis, Hickey & Houghan, San Antonio, Tex., Kristi L. Browne, Frederic F. Brace, Kenneth H. Hanson, C. Timothy Smoot, Chicago, Ill., for plaintiff-appellee.

Before GARZA, GARWOOD, and JOLLY, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant Church's Fried Chicken (Church's) appeals the district court's award of attorneys' fees to plaintiff-appellee Dixie J. O'Neill (O'Neill) pursuant to the "common fund" exception to the general American rule against such awards. O'Neill is a former shareholder of Church's, and incurred the expenses in her fight to cause the former directors of Church's (directors or board) ultimately to approve and cease to frustrate a tender...

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