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

> Court of Appeals for the Fifth Circuit · August 29, 1974 · 496 F.2d 1017

URL: https://www.frixlaw.com/law-library/cases/9460607

## Case

- **Full name:** NAMED INDIVIDUAL MEMBERS OF the SAN ANTONIO CONSERVATION SOCIETY Et Al., Plaintiffs-Appellants, v. the TEXAS HIGHWAY DEPARTMENT Et Al., Defendants-Appellees
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** August 29, 1974
- **Citations:** 496 F.2d 1017; 4 Envtl. L. Rep. (Envtl. Law Inst.) 20643; 6 ERC (BNA) 1881; 1974 U.S. App. LEXIS 7037
- **Precedential status:** Published
- **Opinion:** Concurring in part by Tuttle
- **Judges:** Tuttle, Coleman, Ainsworth
- **Cited by:** 31 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9460607

## Opinion text

TUTTLE, Circuit Judge
(concurring in part and dissenting in part):
While I concur fully with the opinion with respect to the claim on the merits, I respectfully dissent with respect to the disposition of the issue of attorneys’ fees. Since the trial court did not enter any order with respect to the claim for attorneys’ fees, I would remand that issue to the trial court to enable it to determine first the extent to which any award might be a charge against state revenues as distinguished from being merely a charge against the individual named defendants.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9460607. Public record. Not legal advice.