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INTERFAITH COMMUNITY ORGANIZATION v. HONEYWELL INTERNATIONAL, INC.

No. 04-3702.

426 F.3d 694 (2005)

INTERFAITH COMMUNITY ORGANIZATION; Lawrence Baker; Martha Webb Herring; Margaret Webb; Rev. Winston Clarke; Margarita Navas v. HONEYWELL INTERNATIONAL, INC. formerly known as AlliedSignal, Inc.; Roned Realty of Jersey City, Inc.; Roned Realty of Union City, Inc.; W.R. Grace & Company; Ecarg, Inc.; W.R. Grace, Ltd. W.R. Grace & Company; Ecarg, Inc.; W.R. Grace, Ltd., Defendants/Third-Party Plaintiffs v. Heller-Jersey City, L.L.C.; Home Depot, U.S.A.; Seaman Furniture Company, Inc., Third-Party Defendants Hackensack Riverkeeper, Inc.; William Sheehan v. Honeywell International, Inc. f/k/a AlliedSignal, Inc.; Roned Realty of Jersey City, Inc.; Roned Realty of Union City, Inc.; W.R. Grace, Ltd. Honeywell International, Inc., Appellant.

United States Court of Appeals, Third Circuit.

Filed October 19, 2005.

As Amended November 10, 2005.

Attorney(s) appearing for the Case

Thomas H. Milch, Daniel A. Cantor (Argued), Arnold & Porter LLP, Washington, DC, Richard G. Taranto, Farr & Taranto, Washington, DC, David W. Field, Lowenstein Sandler PC, Roseland, NJ, for Appellants.

Bruce J. Terris, Carolyn Smith Pravlik, Kathleen L. Millian (Argued), Sarah A. Adams, Lemuel B. Thomas, Terris, Pravlik & Millian, LLP, Washington, DC, for Appellees, Interfaith Community Organization, et al.

John M. Agnello, Carella, Byrne, Bain, Gilfillan, Cecchi, Stewart & Olstein, Roseland, NJ, Christopher H. Marraro, Wallace, King, Marraro & Branson, Washington, DC, for Appellees, W.R. Grace & Co., et al.

Before RENDELL, BARRY, and BECKER, Circuit Judges.

OPINION

BECKER, Circuit Judge.

This case stems from a lawsuit filed by Interfaith Community Organization ("ICO") against Honeywell International seeking the cleanup of a heavily polluted area along the banks of the Hackensack River in Northern New Jersey. ICO prevailed at trial, and, as a result, moved for attorney fees pursuant to 42 U.S.C. § 6972(e). The District Court, after holding a hearing on the motion, awarded ICO over $4.5 million in fees....

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