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THOMPSON v. WAL-MART STORES, INC.

No. 05-4438.

472 F.3d 515 (2006)

Castural THOMPSON, Appellee, v. WAL-MART STORES, INC., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 27, 2006.

Attorney(s) appearing for the Case

Michael S. Moore, argued, Little Rock, AR, for appellant.

Terrence Cain, argued, Little Rock, AR, for appellee.

Before RILEY and COLLOTON, Circuit Judges, and KYLE, District Judge.

RILEY, Circuit Judge.

Wal-Mart Stores, Inc. (Wal-Mart) appeals the district court's denial of its claim for attorney fees under 42 U.S.C. § 1988 and for costs under Federal Rule of Civil Procedure 54(d)(1). We vacate the judgment for attorney fees and costs, and remand to the district court for further proceedings.

I. BACKGROUND

Castural Thompson (Thompson) filed a complaint alleging Wal-Mart discriminated against him based on his...

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