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KENTUCKY RESOURCES COUNCIL, INC. v. BABBITT

No. CIV. A. 97-9.

997 F.Supp. 814 (1998)

KENTUCKY RESOURCES COUNCIL, INC., Plaintiffs, v. Bruce BABBITT, Secretary, United States Department of the Interior, Defendant.

United States District Court, E.D. Kentucky.

February 20, 1998.

Attorney(s) appearing for the Case

Thomas FitzGerald, Frankfort, KY, Walton D. Morris, Jr., Charlottesville, VA, L. Thomas Galloway, Galloway & Associates, Boulder, CO, for Plaintiff.

Jane E. Graham, Frances Catron, U.S. Atty's Office of Field Solicitor, U.S. Dept. of Interior, Knoxville, TN, for defendant.

MEMORANDUM OPINION AND ORDER

WEHRMAN, United States Magistrate Judge.

Kentucky Resources Council, Inc., Kentuckians for the Commonwealth and the National Wildlife Federation (plaintiffs) have filed a motion for summary judgment to set aside the decision of Bruce Babbitt, Secretary of the Interior, denying the plaintiffs' petition for attorney fees. Defendants have filed a cross-motion for summary judgment. By

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