Court of Appeals for the Fifth Circuit May 7, 1976, 75--1553 (12 Fair empl.prac.cas. 1286, 11 Empl. Prac. Dec. P 10,914 Dorothy S. Thomas, Cross v. J. C. Penney Company, Inc., Cross)

DYER, Circuit Judge:

In this employment discrimination suit the district court concluded that Thomas, an employee of Penney, had not been the victim of racial discrimination but nevertheless awarded her costs and attorneys fees. Penney appeals the award of costs and attorneys fees and affirmatively seeks an award of attorney fees. Thomas cross-appeals the

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adverse district court judgment.