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CITIZENS COORDINATING COMMITTEE v. WMATA

No. 84-5174.

765 F.2d 1169 (1985)

CITIZENS COORDINATING COMMITTEE ON FRIENDSHIP HEIGHTS, INC., et al. v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 1985.

As Amended July 5, 1985.

Attorney(s) appearing for the Case

Frank R. Filiatreau, Jr., Washington, D.C., with whom Robert L. Polk, Washington, D.C., was on brief, for appellant. William B. Bircher, Washington, D.C., entered an appearance for appellant.

Waldemar J. Pflepsen, Jr., Washington, D.C., was on brief, for appellees.

Before TAMM and BORK, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

This case involves the question whether a corporation alleging aesthetic injury and damages under common law tort theories, under which it would not be entitled to recover litigation costs, can, by joining a suit under section 505 of the Clean Water Act, 33 U.S.C. § 1365 (1982), claim reimbursement of costs, including attorneys' fees and expert witness expenses.

I.

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