Keith v. Volpe

833 F.2d 850 18 Envtl. L. Rep. 20 ,616 Ralph W. KEITH and Esther May Keith, husband and wife; Harold E. Grady and Edith W. Grady, husband and wife; Harlow Seel and Virginia Seel, husband and wife; et al., Plaintiffs-Appellees, v. John A. VOLPE, as Secretary of Transportation, et al., Defendants, and State of California, Department of Transportation, Defendant-Appellant. No. 85-6591. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 9, 1987. Decided Dec. 3, 1987. Frederick Graebe, Sacramento, Cal., for defendants-appellants. John R. Phillips and Stephen M. Cutler, Center for Law in the Public Interest, Los Angeles, Cal., for plaintiffs-appellees. Appeal from the United States District Court for the Central District of California. Before SNEED, BOOCHEVER and DAVID R. THOMPSON, Circuit Judges. DAVID R. THOMPSON, Circuit Judge: 1 The California State Department of Transportation (Caltrans) appeals from the district court's order awarding supplemental attorney fees and expenses under 42 U.S.C. Sec. 1988 to the Center for Law in the Public Interest (Center). Keith v. Volpe, 643 F.Supp. 37 (C.D.Cal.1985). The Center is legal counsel for Ralph W. Keith, et al.…