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COM'RS COURT OF MEDINA CTY., TEX. v. UNITED STATES

No. 81-1495.

683 F.2d 435 (1982)

COMMISSIONERS COURT OF MEDINA COUNTY, TEXAS, et al. v. UNITED STATES of America, et al. Antonio Garcia, III, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 1982.

Attorney(s) appearing for the Case

Jose Garza, San Antonio, Tex., with whom William L. Robinson, Norman J. Chachkin, Washington, D. C., and Rolando L. Rios, San Antonio, Tex., were on the brief, for appellants.

Keith A. Rosenberg, Washington, D. C., for appellees Commissioners of Medina County, Tex., et al.

Walter W. Barnett, Atty., U. S. Dept. of Justice, Washington, D. C., entered an appearance for appellees United States of America, et al.

Before BAZELON, Senior Circuit Judge, and WRIGHT and TAMM, Circuit Judges.

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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