Matyi v. BEER BOTTLERS UNION LOCAL NO. 1187, 74-682 C (4).
| Decision Date | 31 December 1974 |
| Docket Number | No. 74-682 C (4).,74-682 C (4). |
| Citation | 392 F. Supp. 60 |
| Parties | Elmer J. MATYI, Plaintiff, v. BEER BOTTLERS UNION LOCAL NUMBER 1187 and Falstaff Brewing Corporation, Defendants. |
| Court | U.S. District Court — Eastern District of Missouri |
James F. Koester, St. Louis, Mo., for plaintiff.
Jerome M. McLaughlin and James S. McClellan, St. Louis, Mo., for Falstaff.
It is further ordered that this action be and is dismissed.
MEMORANDUM AND ORDERThis matter is before the Court on the Application for Allowance of Attorneys' Fees of defendant Beer Bottlers Union Local No. 1187. On November 27, 1974 this Court granted summary judgment in favor of defendant Local 1187 for the reason that plaintiff's claim against this defendant was not reasonably related to the charge of discrimination plaintiff filed with the Equal Employment Opportunity Commission. In his charge with the E. E. O. C. plaintiff alleged he had been discriminated against on the basis of his religion (Catholic) and his national origin (Hungarian). In his complaint in the instant case he alleged discrimination based on his race (Caucasian).
Prior to instituting this suit plaintiff had filed charges of illegal discrimination with the National Labor Relations Board, the Missouri Commission on Human Rights and the E. E. O. C. Each of these agencies determined that the respective charges filed by plaintiff were without merit. With this background, defendant applied for an allowance of attorneys' fees pursuant to 42 U.S.C. Section 2000e-5(k) which provides:
"In any action or proceeding under this title the court, in its discretion, may allow the prevailing party, other than the Commission or the United States, a reasonable attorney's fee as part of...
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...912, 917 (D.D.C. 1976); EEOC v. New York Times Broadcasting Service, Inc., 364 F.Supp. 651 (W.D. Tenn.1973); Mayti v. Beer Bottlers, Local 1187, 392 F.Supp. 60 (E.D.Mo.1974). Thus, plaintiff's claims of discrimination under Title VII based on race or color, religion and sex, which constitut......
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