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SMITH v. SECRETARY OF NAVY

No. 79-1877.

659 F.2d 1113 (1981)

Earl SMITH, Jr., Appellant, v. SECRETARY OF the NAVY.

United States Court of Appeals, District of Columbia Circuit.

Decided January 30, 1981.

Attorney(s) appearing for the Case

Frances B. Aubrey, Washington, D. C., for appellant.

Christopher A. Myers, Asst. U. S. Atty., Washington, D. C., with whom Charles F. C. Ruff, U. S. Atty., and Michael W. Farrell and Robert E. L. Eaton, Jr., Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Before McGOWAN, Chief Judge, and WRIGHT and MacKINNON, Circuit Judges.

Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Dissenting opinion filed by Circuit Judge MacKINNON.

J. SKELLY WRIGHT, Circuit Judge:

Although much of the argument in this court focused on whether the plaintiff-appellant in this case was a "prevailing party" entitled to consideration for attorney's fees,1 resolution of that issue ultimately depends on a deeper question: whether Title VII

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