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DAGUE v. CITY OF BURLINGTON

No. 415, Docket 90-7544.

976 F.2d 801 (1991)

Ernest DAGUE, Sr., Ernest Dague, Jr., Betty Dague, and Rose A. Bessette, Plaintiffs-Appellees, v. CITY OF BURLINGTON, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 12, 1991.

On Remand October 2, 1992.

Attorney(s) appearing for the Case

William W. Pearson, Tucson, Ariz. (Molloy, Jones & Donahue, P.C., of counsel), for plaintiffs-appellees.

Michael B. Clapp, Burlington, Vt. (Dinse, Erchmann & Clapp, of counsel), for defendant-appellant.

Before: NEWMAN and PRATT, Circuit Judges, and GRIESA, District Judge for the Southern District of New York, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

FACTS AND BACKGROUND

Bringing new meaning to the term "recycling", we revisit this case for a second examination of attorney's fee issues, this time on remand from the Supreme Court, see City of Burlington v. Dague, ___ U.S. ___, 112 S.Ct. 2638, 120 L.Ed.2d 449 (1992). The attorney's fee issues have long outlived the original dispute, in which property-owner plaintiffs obtained an order to shut down the Burlington Municipal...

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