HARGER v. DEPARTMENT OF LABOR

No. 08-35111.

560 F.3d 1071 (2009)

Opal HARGER, et al., Plaintiffs, and Edith Watters; Judy M. Hengen; Donna Caputo, Plaintiffs-Appellants, v. DEPARTMENT OF LABOR; National Institute of Occupational Safety and Health, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2009.


Attorney(s) appearing for the Case

Tom H. Foulds, Tom H. Foulds & Associated Counsel, on behalf of plaintiffs-appellants Opal Harger, et al.

Rolf H. Tangvald, Assistant United States Attorney, on behalf of defendants-appellees United States Department of Labor and the National Institute of Occupational Safety and Health.

Before: ROBERT R. BEEZER, RONALD M. GOULD and CONSUELO M. CALLAHAN, Circuit Judges.


CALLAHAN, Circuit Judge:

Attorney Tom H. Foulds appeals the district court's denial of his motion for a preliminary injunction and for an equitable lien for attorney's fees, which he based on the "common fund doctrine."1 Foulds had brought an administrative petition before the Department of Labor ("DOL") and the National Institute for Occupational Safety and Health ("NIOSH") on behalf of several individuals (of a purported class of roughly...

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