Save Our Cumberland Mountains, Inc. v. Hodel, 85-5984

Decision Date14 October 1987
Docket NumberNo. 85-5984,85-5984
Citation830 F.2d 1182
PartiesSAVE OUR CUMBERLAND MOUNTAINS, INC., et al. v. Donald HODEL, Secretary of Interior, et al.
CourtU.S. Court of Appeals — District of Columbia Circuit

Before WALD, Chief Judge, ROBINSON, MIKVA, EDWARDS, RUTH BADER GINSBURG, BORK, STARR, SILBERMAN, BUCKLEY, WILLIAMS and D.H. GINSBURG, Circuit Judges.

ORDER

Appellees' suggestion for rehearing en banc has been circulated to the full Court. The taking of a vote thereon was requested. Thereafter, a majority of the judges of the Court in regular active service voted in favor of the suggestion. Upon consideration of the foregoing, it is

ORDERED, by the Court en banc, that appellees' suggestion for rehearing en banc is granted.

A future order will govern further proceedings herein.

Circuit Judge BORK did not participate in this order.

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7 cases
  • Save Our Cumberland Mountains, Inc. v. Hodel, 85-5984
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • October 14, 1987
    ...it is time that we or Congress took a harder look. I dissent from part II.B. * The Order granting rehearing en banc is published at 830 F.2d 1182.1 This amount was in addition to a prior $50,000 payment to plaintiffs from the government. Save Our Cumberland Mountains v. Hodel, 622 F.Supp. 1......
  • Save Our Cumberland Mountains, Inc. v. Hodel
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • September 16, 1988
    ...rate consistent with Laffey and the panel opinion. Thereafter, we accepted the case for rehearing en banc, Save Our Cumberland Mountains, Inc. v. Hodel, 830 F.2d 1182 (D.C.Cir.1987), and ordered briefing of the single Should Laffey v. Northwest Airlines, Inc. ... be overruled to the extent ......
  • Student Public Interest Research Group of New Jersey, Inc. v. AT&T Bell Laboratories
    • United States
    • U.S. Court of Appeals — Third Circuit
    • March 24, 1988
    ...represent the plaintiffs." Id. at 1160. In Save Our Cumberland Mountains, Inc. v. Hodel, 826 F.2d 43, rehearing en banc granted, 830 F.2d 1182 (D.C.Cir.1987), Judge Bork addressed the same [I]f an attorney has a customary billing rate, that rate constitutes the presumptively reasonable rate......
  • Thompson v. Kennickell
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • January 8, 1988
    ...See id. at 18; see also Save Our Cumberland Mountains, Inc. v. Hodel, 826 F.2d 43, 47-50 (D.C.Cir.1987) (reh'g en banc granted 830 F.2d 1182 [D.C.Cir.1987] (holding that a private attorney's customary billing rate, employed in 20% to 50% of his cases, is the presumptively reasonable rate fo......
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