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HEEREN v. CITY OF JAMESTOWN, KY.

No. C90-0160-BG(H).

817 F.Supp. 1374 (1992)

Philip S. HEEREN, Plaintiff, v. CITY OF JAMESTOWN, KENTUCKY and United States Department of Housing and Urban Development, and Henry G. Cisneros, Secretary of Housing and Urban Development, Defendants.

United States District Court, W.D. Kentucky, Bowling Green Division.

Opinion on Motion to Reconsider April 7, 1993.

Attorney(s) appearing for the Case

Benjamin Cowgill, Jr., Landrum & Shouse, Lexington, KY, for plaintiff.

Michael F. Spalding, Asst. U.S. Atty., Louisville, KY, V. Thomas Fryman, John A. Bender and David A. Owen, Greenebaum, Doll & MacDonald, Lexington, KY, for defendants.

MEMORANDUM OPINION

HEYBURN, District Judge.

This case comes before the Court on Plaintiff's Application for attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. Plaintiff contends that he is entitled to attorneys' fees from Defendant Department of Housing and Urban Development ("HUD") because (1) HUD was not "substantially justified" in asserting that it delegated all of its environmental protection responsibilities to the City...

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