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WEST v. POTTER

No. 12-5106.

717 F.3d 1030 (2013)

Kevin D. WEST, Appellant v. John E. POTTER, Postmaster General, U.S. Postal Service, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided June 11, 2013.

Attorney(s) appearing for the Case

Teresa W. Murray argued the cause and filed the briefs for appellant.

Richard T. Seymour , Jonathan C. Puth , and Lenore C. Garon were on the brief of amici curiae Metropolitan Washington Employment Lawyers Association, et al. in support of appellant.

Rhonda C. Fields , Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Ronald C. Machen Jr. , U.S. Attorney, and R. Craig Lawrence and Alan Burch , Assistant U.S. Attorneys.

Concurring opinion filed by Senior Circuit Judge WILLIAMS.

SENTELLE, Senior Circuit Judge.

This case comes before us on Appellant Kevin D. West's appeal of the district court's order refusing to award him any compensation for delayed payment of attorney's fees after his successful Title VII lawsuit against his employer, the United States Postal Service. Although the district court had discretion not to compensate for delay, it applied the wrong legal standard in exercising that discretion. Accordingly, we vacate and remand...

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