Amadeo Bianchi v. Int'l Brotherhood of Teamsters, No. 05-10192 (11th Cir. 2006)

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[PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _____________ No. 05-10192 _____________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT March 9, 2006 THOMAS K. KAHN CLERK D.C. Docket No. 02-21417 CV-CMA AMADEO BIANCHI, Plaintiff-Appellant, versus INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, AND WAREHOUSEMEN, LOCAL 390, a labor organization, ROADWAY EXPRESS, INC., a foreign corporation, Defendants-Appellees. ____________ Appeal from the United States District Court for the Southern District of Florida ____________ (March 9, 2006) Before HULL, MARCUS and HILL, Circuit Judges. PER CURIAM: In vacating the jury verdict this day in No. 04-16596, for plaintiff-appellee Amadeo Bianchi, and in ordering this day that judgment for defendant-appellant Roadway Express, Inc. be entered, the award of attorneys fees in the instant case, No. 05-10192, is therefore unauthorized. The judgment of the district court affirming the magistrate judge s order of July 1, 2004, granting Bianchi attorneys fees against defendant-appellee, International Brotherhood of Teamsters, Chauffeurs and Warehousemen, Local 390, is reversed. REVERSED. 2

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