St. John's Organic Farm v. Gem Cty. Mosquito Abatement Dist., No. 07-35797
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
Argued and Submitted March 10, 2009
Filed July 16, 2009
Opinion by Judge Fletcher
Concurrence by Judge Tallman
William M. Eddie, Field Jerger, LLP, Portland, OR
Susan E. Buxton, Moore Smith Buxton & Turcke, Boise, ID
Murray D. Feldman, Holland & Hart, LLP, Boise, ID
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