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ECOS, INC. v. BRINEGAR

No. C-352-D-72.

671 F.Supp. 381 (1987)

ECOS, INC.; Drew Diehl; Associated Students of Duke University; Steve Schewel and Henry Beck, Members of Associated Students of Duke University; and John Robertson, Plaintiffs, Crest Street Community Council, Inc. and Willie Patterson, Plaintiffs/Intervenors, v. Claude S. BRINEGAR, Secretary of United States Department of Transportation; T.J. Morawski, Division Engineer, Federal Highway Administration; McLaughlin D. Faircloth, Commissioner, North Carolina State Highway Commission; W.F. Caddell, Jr., Planning and Research Engineer, North Carolina State Highway Commission; and Nello Teer Company, A Corporation, Defendants.

United States District Court, M.D. North Carolina, Durham Division.

October 1, 1987.

Attorney(s) appearing for the Case

Michael D. Calhoun, Durham, N.C., for plaintiffs/intervenors.

Lacy H. Thornburg, Atty. Gen., and James B. Richmond, Sp. Deputy Atty. Gen., for North Carolina State Highway Com'n.

MEMORANDUM OPINION

GORDON, Senior District Judge:

A "request for attorney's fees should not result in a second major litigation." Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct. 1933, 1941, 76 L.Ed.2d 40 (1983). As this case illustrates, this quote expresses a laudable, but frequently ignored, sentiment. The parties herein have spent considerable time during the last five years litigating over attorney's fees. At...

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