ELR Citation: ELR 20691
No(s). C-71-1166-RFP (N.D. Cal. Oct 19, 1972)

Because strong public policies are promoted by this suit, because numerous people have received benefits from plaintiffs' litigation success and because only a private party could have been expected to bring this action, the court exercises its equitable powers and awards attorney fees and expert witness fees to the plaintiffs in this action brought to enjoin the construction of California Highway Project 238. Congressional silence is not a bar to the awarding of such fees.

Counsel for Plaintiffs
J. Anthony Kline
Ellen Cummings
Public Advocates, Inc.
433 Turk St.
San Francisco, CA 94102

Counsel for Defendants
Francis Boane Ass't. U.S. Attorney
450 Golden Gate Avenue
San Francisco, CA 94102