The opinion of the court was delivered by: Aspen, District Judge:
MEMORANDUM OPINION AND ORDER
Hardin plaintiffs' counsel request attorneys' fees pursuant
to 42 U.S.C. § 2000e-5(k), in the amount of $73,373.75, to
compensate Mr. Ivan E. Bodensteiner and Mr. Michael M. Mulder
for their legal services. Mr. Bodensteiner claims that he spent
180.4 hours on this case and seeks an hourly rate of $125. He
further urges that this Court apply a multiplier of 2.0 for
time spent prior to this Court's order of February 29, 1980,
granting both parties summary judgment with respect to certain
issues, and a multiplier of 1.5 for the remainder of his time.
He does not seek a multiplier for time spent on the attorneys'
fees petition. Mr. Mulder seeks an hourly rate of $100 for
264.4 hours, with a multiplier of 1.5 for all time other than
that spent on the fee application. Bell opposes plaintiff's
request for attorneys' fees in a number of respects.*fn3
42 U.S.C. § 2000e-5(k) governs the award of attorneys' fees
in Title VII cases, and provides that:
In any action or proceeding under this subchapter
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 the costs, and the Commission and the
United States shall be liable for costs the same
as a private person.
While the statute vests discretion in courts, that discretion
is not unlimited. A prevailing party in a Title VII case
should ordinarily recover attorneys fees, unless special
circumstances would render such an award unjust. Albemarle
Paper Co. v. Moody, 422 U.S. 405, 415, 95 S.Ct. 2362, 2370,
45 L.Ed.2d 280 (1975); Cf., Newman v. Piggy Park Enterprises,
390 U.S. 400, 402, 88 S.Ct. 964, 966, 19 L.Ed.2d 1263 (1968)
(principle that prevailing party should ordinarily recover
attorneys' fees in Title II actions). The United States Court
of Appeals for the Seventh Circuit has articulated the factors
to be considered in determining attorneys' fees awards. As a
starting point, courts are to consider the hours spent by an
attorney times the attorney's billing rate. Waters v. Wisconsin
Steel Works, 502 F.2d 1309, 1322 (7th Cir. 1974), cert. denied,
425 U.S. 997, 96 S.Ct. 2214, 48 L.Ed.2d 823 (1976). Additional
elements are set forth in the Code of Professional
Responsibility, as adopted by the American Bar Association:
Factors to be considered as guides in determining
the reasonableness of a fee include the
"(1) The time and labor required, the novelty and
difficulty of the questions involved, and the
skill requisite to perform the legal service
"(2) The likelihood, if apparent to the client,
that the acceptance of the particular employment
will preclude other employment by the lawyer.
"(3) The fee customarily charged in the locality
for similar legal services.
"(4) The amount involved and the results
"(5) The time limitations imposed by the client
or by the circumstances.
"(6) The nature and length of the professional
relationship with the client.
"(7) The experience, reputation, and ability of
the lawyer or lawyers ...