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UNITED STATES v. NATIONAL STEEL CORP.

No. 83-1766.

782 F.2d 62 (1986)

UNITED STATES of America, Plaintiff, and Wayne County Department of Health, Air Pollution Control Division, et al., Intervenors, Natural Resources Defense Council, Inc., Intervenor-Appellant, v. NATIONAL STEEL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 27, 1986.

Attorney(s) appearing for the Case

David G. Hawkins, Natural Resources Defense Council, Washington, D.C., for intervenor-appellant.

Douglas H. West, Hill, Lewis, Adams, Goodrich, Tait, Detroit, Mich., Clyde W. Armstrong, Chester R. Babst, III, Dean A. Calland, Preston T. Scott (argued), Thorp, Reed & Armstrong, Pittsburgh, Pa., for defendant-appellee.

Before ENGEL, KRUPANSKY and MILBURN, Circuit Judges.

MILBURN, Circuit Judge.

The Natural Resources Defense Council ("NRDC"), a prevailing plaintiff intervenor, appeals the district court's denial of an application for attorney fees made under section 304(d) of the Clean Air Act, 42 U.S.C. § 7604(d). The issue raised on appeal is whether section 304(d) of the Clean Air Act ("the Act") authorizes an award of attorney fees to persons who intervene in cases brought and being diligently prosecuted by the United States...

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