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CITY OF BURLINGTON v. DAGUE

No. 91-810.

505 U.S. 557 (1992)

112 S.Ct. 2638

120 L.Ed.2d 449

CITY OF BURLINGTON v. DAGUE et al.

Supreme Court of United States.

Decided June 24, 1992.

Attorney(s) appearing for the Case

Michael B. Clapp argued the cause and filed briefs for petitioner.

Barry L. Goldstein argued the cause for respondents. With him on the brief were William W. Pearson, Guy T. Saperstein, and Mari Mayeda.

Richard H. Seamon argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Starr, Acting Assistant Attorney General Hartman, Deputy Solicitor General Mahoney, Deputy Assistant Attorney General Clegg, Harriet S. Shapiro, Anne S. Almy, and Mark R. Haag.*

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Kennedy, Souter, and Thomas, JJ., joined. Blackmun, J.,filed a dissenting opinion, in which Stevens, J.,joined, p. 567. O'Connor, J., filed a dissenting opinion, p. 575.

Justice Scalia, delivered the opinion of the Court.

This case presents the question whether a court, in determining an award of reasonable attorney's fees under § 7002(e) of the Solid Waste Disposal Act (SWDA), 90 Stat. 2826, as amended, 42 U. S. C. § 6972(e), or § 505(d) of the Federal Water Pollution Control Act (Clean Water Act (CWA)), 86 Stat. 889, as amended, 33 U. S. C. § 1365(d), may enhance the...

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