CUNNINGHAM v. MOORE BUSINESS FORMS, INC.

No. CV85-H-1230-E.

671 F.Supp. 26 (1987)

Annette CUNNINGHAM, Plaintiff, v. MOORE BUSINESS FORMS, INC., Defendant.

United States District Court, N.D. Alabama, E.D.

April 3, 1987.


Attorney(s) appearing for the Case

Stuart E. Smith, Birmingham, Ala., for plaintiff.

William F. Gardner, John T. Sutton, Cabaniss Johnston Gardner Dumas & O'Neal, Birmingham, Ala., for defendant.


ORDER

HANCOCK, District Judge.

On October 31, 1985, defendant filed a motion for an award to it of attorney's fees following a favorable ruling in its favor in this Title VII action. In its October 11, 1985 memorandum of decision the court expressly found and concluded that the action "was wholly without merit and must be viewed as frivolous for lack of a timely EEOC charge and lack of a plausible basis on which to apply equitable tolling so as to extend...

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