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CITIZENS LEGAL ENVIRONMENTAL ACTION NETWORK, INC. v. PREMIUM STANDARD FARMS, INC.

No. 04-1748.

397 F.3d 592 (2005)

CITIZENS LEGAL ENVIRONMENTAL ACTION NETWORK, INC., Plaintiff-Appellant, United States of America, Intervenor, v. PREMIUM STANDARD FARMS, INC., Defendant-Appellee, Carol Browner, Administrator, United States Environmental Protection Agency, in her official capacity, Dennis Grams, Region VII Administrator of the United States Environmental Protection Agency, in his official capacity, Environmental Protection Agency, of the United States of America, Defendants. Citizens Legal Environmental Action Network, Inc., Plaintiff-Appellant, v. Continental Grain Company, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: February 1, 2005.

Attorney(s) appearing for the Case

Anthony L. DeWitt, argued, Jefferson City, MO (Edward D. Robertson, Jr., Jefferson City on the brief), for appellant.

Stanley D. Davis, argued, Kansas City, MO (Mark D. Anstoetter and Kathryn A. Larkins, Kansas City on the briefs), for appellee.

Before MELLOY, BRIGHT, and BOWMAN, Circuit Judges.

BRIGHT, Circuit Judge.

Appellant, Citizens Legal Environmental Action Network, Inc. ("CLEAN"), appeals from the district court's denial of certain attorney fees. In the underlying actions, begun in 1997, CLEAN sued appellees Premium Standard Farms ("Premium") and Continental Grain Company ("Continental") for violations of various federal environmental laws. The case was settled in 2001, and the district court determined that CLEAN prevailed and could collect

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