Named Individual Members of the San Antonio Conservation Society v. Texas Highway Department

No. 74-1231 (5th Cir. September 25, 1975)

On rehearing en banc, the Fifth Circuit Court of Appeals unanimously affirms a lower court's decision denying plaintiffs' request for attorneys' fees on the basis of the Supreme Court's decision in Alyeska Pipeline Service Co. v. Wilderness Society, 5 ELR 20286. For the original panel opinion denying fees, see 4 ELR 20643.

Counsel are listed at 4 ELR 20643.

Brown, C.J.; Tuttle, Wisdom, Gewin, Bell, Thornberry, Coleman, Goldberg, Ainsworth, Godbold, Dyer, Simpson, Morgan, Clark, Roney & Gee, JJ.

[5 ELR 20666]

Per curiam:

The decision of the District Court which rejected the claim of plaintiffs for attorneys' fees in this case is affirmed on the basis of the recent decision of the Supreme Court in Alyeska Pipeline Service Co. v. Wilderness Society et al., U.S. , 95 S. Ct. 1612, 44 L. Ed. 2d 141 (1975).

Affirmed.