Thomas Ax. BRODZIAK, Plaintiff-Appellant, v. Marvin RUNYON, Postmaster General, Defendant-Appellee

Vacated and remanded by published opinion. Judge WILKINS wrote the opinion, in which Judge LUTTIG and Judge ANDERSON joined.

OPINION

WILKINS, Circuit Judge:

Thomas Ax. Brodziak appeals a magistrate judge’s 1 order awarding Brodziak attorneys’ fees and costs pursuant to 42 U.S.C.A. § 2000e-5(k) (West 1994), contending that the magistrate- judge erred in basing the amount of the award on a purely mathematical comparison between the number of claims pressed and the number prevailed upon. For the reasons that follow, we vacate the award of fees and costs and remand for further proceedings consistent…