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UNITED STATES v. CITY OF KANSAS CITY, KAN.

Nos. 82-2366, 82-2370.

761 F.2d 605 (1985)

UNITED STATES of America, Appellant/Cross-Appellee, v. CITY OF KANSAS CITY, KANSAS, Appellee/Cross-Appellant.

United States Court of Appeals, Tenth Circuit.

May 14, 1985.

Attorney(s) appearing for the Case

Dirk D. Snel, Atty., Dept. of Justice, Washington, D.C. (Carol E. Dinkins, Asst. Atty. Gen.; Carl Strass and Robert L. Klarquist, Attys., Dept. of Justice; A. James Barnes, Acting General Counsel, E.P.A.; and Allan E. Brown, Acting Asst. General Counsel, E.P.A., Washington, D.C., with him on briefs), for appellant/cross-appellee.

J. Nick Badgerow of McAnany, Van Cleave & Phillips, P.A., Kansas City, Kan., for appellee/cross-appellant.

Before HOLLOWAY and McKAY, Circuit Judges, and RUSSELL, District Judge.

McKAY, Circuit Judge.

At issue in this appeal is the award of attorneys' fees, expert witness fees, and other costs under 33 U.S.C. § 1365 (1976), the citizen suit provisions of the Federal Water Pollution Control Act.

The case began as a civil enforcement proceeding brought by the United States Government, on behalf of its Environmental Protection Agency, against Kansas City, Kansas. All of the claims made by the EPA have been resolved by a consent decree...

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