Opinion for the court filed by Circuit Judge TAMM.
TAMM, Circuit Judge:
The question presented in this case is whether parties who intervene as defendants in a declaratory judgment action are "prevailing parties" eligible for attorneys' fees when the case becomes moot. The district court found that defendant-intervenors were not, on the facts of this case, "prevailing parties." Because we believe that the district court gave determinative weight to an improper...
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