Legal Opinion

Forest Conservation Council v. Devlin

Court of Appeals for the Ninth Circuit

Decided June 4, 1993No. 91-35680PublishedCited by 9 opinions

1Opinion of the Court

O’SCANNLAIN, Circuit Judge:

Appellants, (“Forest Conservation”), filed a lawsuit seeking the withdrawal of an advertised timber sale. The sale was withdrawn within hours of the filing of the suit. Forest Conservation now seeks attorneys’ fees. We must decide whether Forest Conservation is a prevailing party where they concede that their pre-litigation efforts, rather than filing the lawsuit, caused the withdrawal of the sale.

*711I

On July 20, 1990, pursuant to 36 C.F.R. §■223.80, Forest Service personnel at Umpqua National Forest published notice of the Calapooya Timber Sale. The Department of the…

2Cases cited19 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  3. Pierce v. UnderwoodSupreme Court of the United States · 1988
  4. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  5. Hewitt v. HelmsSupreme Court of the United States · 1987

14 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Lematta v. BrownUnited States Court of Appeals for Veterans Claims · 1996
  2. Former Employees of BMC Software, Inc. v. United States Secretary of LaborUnited States Court of International Trade · 2007
  3. Oregon Natural Resource Council v. TurnerDistrict Court, D. Oregon · 1994
  4. United States v. City of San DiegoDistrict Court, S.D. California · 1998
  5. Forest Conservation Council v. DevlinCourt of Appeals for the Ninth Circuit · 1993

4 more not listed; retrieve them via the Exa API.

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