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LOVE v. REILLY

No. 89-35230.

924 F.2d 1492 (1991)

James M. LOVE; Dave Frohnmayer, Atty Gen'l, for the State of Oregon, on behalf of the people of the State of Oregon, Tualatin Valley Fruit Marketing, Inc., Plaintiffs, and Northwest Food Processors Assoc., Plaintiff-Appellee, v. William K. REILLY, Administrator, Environmental Protection Agency, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 1, 1991.

Attorney(s) appearing for the Case

Lisa S. Farringer, Atty., U.S. Dept. of Justice, Washington, D.C., for defendant-appellant.

Susan K. Eggum, McEwen, Gisvold, Rankin & Stewart, Portland, Or., for plaintiffs-appellees.

Before WALLACE, FERGUSON and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

Northwest Food Processors Association (NWFPA) was one of three plaintiffs who filed for an injunction against the Environmental Protection Agency (EPA) to stop the EPA from banning dinoseb, a pesticide. Plaintiffs were granted the injunction, which was upheld on appeal. The NWFPA then filed a petition for attorney's fees in the district court under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. None of the other plaintiffs...

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