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FOREST CONSERVATION COUNCIL v. DEVLIN

No. 91-35680.

994 F.2d 709 (1993)

FOREST CONSERVATION COUNCIL, an unincorporated Oregon association; Umpqua Watersheds; John Talberth, an individual and citizen of the state of Oregon, Plaintiffs-Appellants, v. Robert J. DEVLIN, in his official capacity as a supervisor; Umpqua National Forest; F. Dale Robertson, in his official capacity, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 4, 1993.

Attorney(s) appearing for the Case

Ralph Wilborn, Wilborn & Wilborn, Eugene, OR, for plaintiffs-appellants.

Katherine W. Hazard, U.S. Dept. of Justice, Environment and Natural Resources Div., Washington, DC, for defendants-appellees.

Before: O'SCANNLAIN and RYMER, Circuit Judges, and ZILLY, District Judge.

O'SCANNLAIN, Circuit Judge:

Appellants, ("Forest Conservation"), filed a lawsuit seeking the withdrawal of an advertised timber sale. The sale was withdrawn within hours of the filing of the suit. Forest Conservation now seeks attorneys' fees. We must decide whether Forest Conservation is a prevailing party where they concede that their pre-litigation efforts, rather than filing the lawsuit, caused the withdrawal of the sale.

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