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SIERRA CLUB v. HAMILTON COUNTY BD., COUNTY COM'RS

No. 05-4437.

504 F.3d 634 (2007)

The SIERRA CLUB and Marilyn Wall, Plaintiffs-Appellees, v. HAMILTON COUNTY BOARD OF COUNTY COMMISSIONERS and City of Cincinnati, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 18, 2007.

Attorney(s) appearing for the Case

ARGUED: Andrew S. Tulumello, Gibson, Dunn & Crutcher LLP, Washington, D.C., for Appellants. D. David Altman, D. David Altman Co., LPA, Cincinnati, Ohio, for Appellees. ON BRIEF: Andrew S. Tulumello, Michael K. Murphy, Peter P. Murphy, Amir C. Tayrani, Gibson, Dunn & Crutcher LLP, Washington, D.C., for Appellants. D. David Altman, Amy M. Hartford, Amy J. Leonard, D. David Altman CO., LPA, Cincinnati, Ohio, Albert J. Slap, Law Office of Albert J. Slap, Aspen, Colorado, for Appellees.

Before: MARTIN and DAUGHTREY, Circuit Judges; REEVES, District Judge.

DAUGHTREY, J., delivered the opinion of the court, in which MARTIN, J., joined. REEVES, D.J. (pp. 645-57), delivered a separate dissenting opinion.

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

The Hamilton County Board of County Commissioners and the City of Cincinnati (collectively, the County) appeal the district court's award of attorneys' fees to the Sierra Club and individual plaintiff Marilyn Wall (collectively, the Sierra The Honorable Danny...

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