In an action claiming unlawful discharge of pesticides into U.S. waters, denial of plaintiff’s application for attorney’s fees is reversed where plaintiff was a prevailing party because the settlement agreement at issue effected a material alteration in the legal relationship between the parties.
Read St. John’s Organic Farm v. Gem Cty. Mosquito Abatement Dist., No. 07-35797
Appellate Information
Argued and Submitted March 10, 2009
Filed July 16, 2009
Judges
Opinion by Judge Fletcher
Concurrence by Judge Tallman
Counsel
For Appellants:
William M. Eddie, Field Jerger, LLP, Portland, OR
For Appellee:
Susan E. Buxton, Moore Smith Buxton & Turcke, Boise, ID
Murray D. Feldman, Holland & Hart, LLP, Boise, ID
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