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BRODZIAK v. RUNYON

No. 97-1390.

145 F.3d 194 (1998)

Thomas Ax. BRODZIAK, Plaintiff-Appellant, v. Marvin RUNYON, Postmaster General, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 26, 1998.

Attorney(s) appearing for the Case

ARGUED: James Joseph Nolan, Jr., Pierson, Pierson & Nolan, Baltimore, MD, for Appellant. William Warren Hamel, Assistant United States Attorney, Baltimore, MD, for Appellee. ON BRIEF: Lynne A. Battaglia, United States Attorney, Baltimore, MD, for Appellee.

Before WILKINS and LUTTIG, Circuit Judges, and G. ROSS ANDERSON, JR., United States District Judge for the District of South Carolina, sitting by designation.

Vacated and remanded by published opinion. Judge WILKINS wrote the opinion, in which Judge LUTTIG and Judge ANDERSON joined.

OPINION

WILKINS, Circuit Judge:

Thomas Ax. Brodziak appeals a magistrate judge's1 order awarding Brodziak attorneys' fees and costs pursuant to 42 U.S.C.A. § 2000e-5(k) (West 1994), contending that the magistrate judge erred in basing the amount of the award on a purely mathematical comparison...

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