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E.E.O.C. v. BRUNO'S RESTAURANT

No. 91-55323.

13 F.3d 285 (1993)

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. BRUNO'S RESTAURANT, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 30, 1992.

Amended December 31, 1992.

Withdrawn December 29, 1993.

Filed December 29, 1993.

Attorney(s) appearing for the Case

Paul Bogas, E.E.O.C., Washington, DC, for plaintiff-appellant.

Kenneth J. Rose, Procopio, Cory, Hargreaves and Savitch, San Diego, CA, for defendant-appellee.

Before: BRUNETTI, O'SCANNLAIN, and T.G. NELSON, Circuit Judges.

BRUNETTI, Circuit Judge:

The Equal Employment Opportunity Commission ("EEOC") appeals the district court's award of attorney's fees to Bruno's Restaurant ("Bruno's) after Bruno's prevailed as a defendant in a Title VII suit. We reverse and remand.

I.

Bruno's is a family owned and operated restaurant in San Marcos, California. Kim Dunagan, a waitress at Bruno's, informed her employers that she was pregnant in April, 1985. She was fired the next month...

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