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VALLEY DISPOSAL v. CENTRAL VERMONT SOLID WASTE

Nos. 85, 650, Dockets 95-7074, 95-7078.

71 F.3d 1053 (1995)

VALLEY DISPOSAL, INC., Palisades Landfill and Recycling Corporation and Robert C. Dowdell, Jr., Plaintiffs-Appellees-Cross-Appellants, v. CENTRAL VERMONT SOLID WASTE MANAGEMENT DISTRICT, Defendant-Appellant-Cross-Appellee, v. C.V. LANDFILL INC., Defendant.

United States Court of Appeals, Second Circuit.

Decided December 8, 1995.

Attorney(s) appearing for the Case

Glenn C. Howland, McKee, Giuliani & Cleveland, P.C., Montpelier, Vermont, for Defendant-Appellant-Cross-Appellee.

John L. Franco, Jr., Burlington, Vermont, for Plaintiffs-Appellees-Cross-Appellants.

Before: KEARSE, WALKER, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge:

This case involves various questions concerning the award of fees pursuant to 42 U.S.C. § 1988 after the dismissal of a suit as a result of an agreement among the parties. We welcome the opportunity to clarify several aspects of this Circuit's law. And we hold that: (1) our decision in Santiago v. Victim Services Agency, 753 F.2d 219 (2d Cir.1985), was overruled by the Supreme Court's decision...

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