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LOGGERHEAD TURTLE v. COUNTY COUNCIL OF VOLUSIA

No. 01-12164.

307 F.3d 1318 (2002)

LOGGERHEAD TURTLE (Caretta caretta), Green Turtle (Chelonia mydas), et al., Plaintiffs-Appellees, v. THE COUNTY COUNCIL OF VOLUSIA COUNTY, FLORIDA, a political subdivision of the State of Florida, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 30, 2002.

Attorney(s) appearing for the Case

Daniel D. Eckert, Volusia County Legal Dept., DeLand, FL, for Defendant-Appellant.

Lesley Gay Blackner, Palm Beach, FL, Steven A. Davison, University of Baltimore School of Law, Baltimore, MD, for Plaintiffs-Appellees.

Before TJOFLAT and BIRCH, Circuit Judges, and GOLDBERG, Judge.

GOLDBERG, Judge:

The County Council of Volusia County, Florida (the "County") appeals the order of the district court granting attorney's fees to the appellees. The County argues that the Supreme Court's intervening decision in Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001), eliminates the catalyst test, on which the district...

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