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AMERICAN AUTO. MFRS. ASS'N v. CAHILL

No. 97-CV-444 (LEK/DNH).

53 F.Supp.2d 174 (1999)

AMERICAN AUTOMOBILE MANUFACTURERS ASSOCIATION and Association of International Automobile Manufacturers, Inc., Plaintiffs, v. John P. CAHILL, Acting Commissioner of the New York Department of Environmental Conservation and Eliot L. Spitzer, Attorney General of the State of New York, Defendants.

United States District Court, N.D. New York.

May 18, 1999.

Attorney(s) appearing for the Case

Mayer, Brown & Platt, New York City, of counsel Philip A. Lacovara, for plaintiffs.

Hon. Eliot L. Spitzer, Office of the Attorney General State of New York, Environmental Bureau, Albany, NY, of counsel James M. Tierney, Lisa M. Burianek, for defendants.

Law Office of John W. Caffry, Glens Falls, NY, of counsel Louise G. Roback, for Amici Curiae Environmental Advocates, Natural Resources Defense Council, and The American Lung Association.

Paul A. Crotty, Corporation Council for the City of New York, New York City, of counsel Marjorie Fox, Asst. Corp. Council, for Amicus Curiae The City of New York.

MEMORANDUM-DECISION AND ORDER

KAHN, District Judge.

Presently pending is a motion by Plaintiff Association of International Automobile Manufacturers, Inc. ("AIAM") for attorneys fees pursuant to Fed.R.Civ.P. 54(d)(2)(A) and 42 U.S.C. § 1988. Plaintiff asserts that it is the prevailing party in an action brought under 42 U.S.C. § 1983 and is thus presumptively entitled to such fees. Defendants assert that Plaintiff's claims were not properly...

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