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LOUISIANA-PACIFIC CORP. v. ASARCO INC.

No. 63826-8.

934 P.2d 685 (1997)

131 Wash.2d 587

LOUISIANA-PACIFIC CORPORATION, a Delaware corporation; Murray Pacific Corporation, a Washington corporation; Wasser & Winters, Inc., a Washington corporation; and Cascade Timber Company, a Washington corporation, Plaintiffs, v. ASARCO INCORPORATED, a New Jersery corporation, Defendant.

Supreme Court of Washington, En Banc.

Decided April 10, 1997.

Attorney(s) appearing for the Case

Marten & Brown, L.L.P., Stimson Bullitt, Rodney L. Brown, Jr., Gilliss Reavis, Seattle, WA, for Amicus Curiae on behalf of Washington Environmental Council.

Heller, Ehrman, White & McAuliffe, Peter Danelo, John W. Phillips, Leonard Feldman, Seattle, WA, Michael Thorp, Tacoma, WA, for defendant.

McGavick, Graves, Beale & McNerthney, William Bergsten, Gregory Jacoby, Tacoma, WA, Karr, Tuttle & Campbell, William Beaver, William Price, Seattle, WA, Gordon, Thomas, Honeywell, Malanca, Peterson & Malanca, Kenneth Kieffer, Bradley Jones, Margaret Archer, Melissa Bryan, Tacoma, WA, Schwabe, Williamson, Wyatt & Lenihan, Averil Rothrock, James Hanken, Seattle, WA, William Dowell, Longview, WA, for plaintiffs.

SMITH, Justice.

The United States District Court for the Western District of Washington at Tacoma on February 23, 1996 certified to this court the question whether an award of attorneys' fees and costs to a prevailing party under the private action section of the Model Toxics Control Act, RCW 70.105D.010-921, is limited to actual fees of attorneys and RCW 4.84.010 costs or whether the court is authorized additionally to award to the prevailing party other reasonably...

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