Santa Fe Pacific Realty Corporation v. United States of America Richard G. Armor

50 F.3d 16 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. SANTA FE PACIFIC REALTY CORPORATION, Plaintiff-Appellant, v. UNITED STATES of America; Richard G. Armor, Defendants-Appellees. No. 93-16739. United States Court of Appeals, Ninth Circuit. Submitted March 17, 1995. * Decided March 21, 1995. IN PART, REVERSED IN PART. Before: GOODWIN, CANBY and T.G. NELSON, Circuit Judges. ORDER The sole issue presented by this appeal is whether the district court erred in denying all attorneys' fees incurred by Catellus Development (formerly Santa Fe Pacific Realty Corporation) in a CERCLA cleanup pursuant to 42 U.S.C. Sec. 9607 (a)(4)(B). The parties now agree, as do we, that the district court's decision should be affirmed in part and reversed in part and remanded for a determination of which, if any, attorneys' fees are recoverable in light of Key Tronic Corp. v. United States, 114 S.Ct. 1960 (1994). We accordingly submit this case on the briefs, and reverse that part of the…