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MORGAN v. N.O. PUBLIC FACILITY MANAGEMENT

No. 98-CA-1952.

731 So.2d 977 (1999)

Larry J. MORGAN v. NEW ORLEANS PUBLIC FACILITY MANAGEMENT, INC.

Court of Appeal of Louisiana, Fourth Circuit.

March 31, 1999.

Attorney(s) appearing for the Case

Dale Edward Williams, Metairie, Louisiana, Counsel for Plaintiff/Appellee.

Philip A. Franco, Edward M. Morris, Robin B. Cheatham, Brooke Duncan, III, Adams and Reese, New Orleans, Louisiana, Counsel for Defendant/Appellant.

Court composed of Judge WILLIAM H. BYRNES III, Judge JOAN BERNARD ARMSTRONG and Judge DENNIS R. BAGNERIS, Sr.

ARMSTRONG, Judge.

This is an appeal from the trial court's denial of an award of attorney's fees to the defendant in an employment discrimination action in which the plaintiff failed to prevail. We find that the attorney's fee statute in question makes the award of attorney's fees discretionary with the trial court (rather than mandatory). We also find that the statute, which was enacted recently, is not applicable to this action which was filed almost three years...

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