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U.S. v. WINCHESTER MUN. UTILITIES

No. 90-6085.

944 F.2d 301 (1991)

UNITED STATES of America, Plaintiff-Appellant, v. WINCHESTER MUNICIPAL UTILITIES, Defendant-Appellee, The Commonwealth of Kentucky, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided September 19, 1991.

Attorney(s) appearing for the Case

Louis DeFalaise, U.S. Atty., Lexington, Ky., Andrew C. Mergen (argued and briefed), Phillip A. Brooks, U.S. Dept. of Justice, Land & Natural Resources Div., Richard B. Stewart, U.S. Dept. of Justice, Environmental Defense Section, Washington, D.C., for the U.S.

Stephen R. Mysliwiec (argued and briefed), Piper & Marbury, Washington, D.C., Edsel T. Jones, Winchester, Ky., for Winchester Mun. Utilities.

Before NELSON and SUHRHEINRICH, Circuit Judges, and HOLSCHUH, Chief District Judge.

PER CURIAM.

The issue presented in this appeal is whether the district court abused its discretion in ordering the United States to pay substantial attorney fees to a municipal utility found to have been violating the environmental protection laws. The district court awarded the fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, and drew additional support for the award from Rule 11, Fed.R.Civ.P., and 28 U.S.C. § 1927. The court held, ...

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