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CONSOL. EDISON CO. v. REALTY INVESTMENTS ASSOC.

No. 79 Civ. 618 (WCC).

524 F.Supp. 150 (1981)

CONSOLIDATED EDISON COMPANY OF NEW YORK, INC., Plaintiff, v. REALTY INVESTMENTS ASSOCIATES, L.P.; Robert V. Tishman; Jerry I. Speyer, d/b/a Tishman Speyer 42nd Street Associates; Larry I. Silverstein and Bernard H. Mendik, all doing business as Tishman Speyer Silverstein Partnership, Defendants.

United States District Court, S. D. New York.

July 14, 1981.

Attorney(s) appearing for the Case

Ernest J. Williams, New York City, for plaintiff; Barry S. Goldstein, New York City, of counsel.

Rosenman, Colin, Freund, Lewis & Cohen, New York City, for defendants; Gerald A. Rosenberg, Jay A. Segal, New York City, of counsel.

OPINION AND ORDER

CONNER, District Judge:

Plaintiff Consolidated Edison Company of New York, Inc. ("Con Ed") brought this suit against Tishman-Speyer-Silverstein, Partnership, and the partners therein (collectively "TSS"), under Section 304 of the Clean Air Act, 42 U.S.C. § 7604. Following dismissal of the action on consent of the parties, TSS has moved for an award of its attorneys' fees, pursuant to 42 U.S.C. § 7604(d). That section, in relevant...

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