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STATE OF LA., EX REL. GUSTE v. LEE

No. 87-3751.

853 F.2d 1219 (1988)

STATE OF LOUISIANA, ex rel. William J. GUSTE, Jr., Plaintiff, and Save Our Coast, Inc., et al., Plaintiffs-Appellees, Cross-Appellants, v. Colonel Robert C. LEE, et al., Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

September 6, 1988.

Attorney(s) appearing for the Case

Michael P. Healy, Atty., Jacques B. Gelin, Atty., U.S. Dept. of Justice, Washington, D.C., John Volz, U.S. Atty., William F. Baity, Asst. U.S. Atty., New Orleans, La., for defendants-appellants, cross-appellees.

Osborne, McComiskey & Richardson-Harp, Charles Michael Osborne, New Orleans, La., for Save Our Coast.

Nancy C. Crisman, Katherine P. Ransel, Washington, D.C., for Orleans Audubon, Sierra Club, et al.

Before WISDOM, RUBIN, and JONES, Circuit Judges.

WISDOM, Circuit Judge:

The parties ask this Court to answer the final question in this five year old litigation: Who pays the lawyers? After five private environmental groups and the State of Louisiana successfully prosecuted this action against the United States, the district court awarded attorney fees to the private plaintiffs under the Equal Access to Justice Act. The United States urges this Court to reverse or, at least, to modify the district court's award...

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