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AVOYELLES SPORTSMEN'S LEAGUE v. MARSH

No. 85-4202.

786 F.2d 631 (1986)

AVOYELLES SPORTSMEN'S LEAGUE, et al., Plaintiffs-Appellees Cross-Appellants, v. John O. MARSH, et al., Defendants-Appellants Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

April 2, 1986.

Attorney(s) appearing for the Case

Maria A. Iizuka, Atty., Dept. of Justice, Appellate Sec., Lands Div., Edward J. Shawaker, Washington, D.C., for defendants-appellants cross-appellees.

James T.B. Tripp, Environmental Defense Fund, New York City, Charles Michael Osborne, McCormiskey & Richardson-Harp, New Orleans, La., for Environmental Defense Fund, et al.

Gaharan & Wilson, Donald R. Wilson, Jena, La., for Avoyelles, et al.

Before POLITZ, HIGGINBOTHAM, and JONES, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

We hold today that federal statutes authorizing awards of litigation costs against the government when "appropriate" are limited to those portions of the litigation made necessary by government opposition to legitimate claims of the party seeking the award. An award is not appropriate for expenses incurred either in litigating an issue on which the government finally prevailed or in a phase of the litigation in which the party...

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