Opinion

Gail S. Huecker, Cross-Appellees v. Elizabeth Milburn, and Marian Weisenberger, Cross-Appellants

  • 538 F.2d 1241
  • 1976 U.S. App. LEXIS 7921
Court
Court of Appeals for the Sixth Circuit
Filed
Jul 21, 1976
Status
Published
Author
Edwards
On the bench
Edwards, Celebrezze, McCree
Cited by
29 cases
Authority
More cited than 25.1%

Disapproved by John C. Shimman v. International Union of Operating Engineers, Local 18, 744 F.2d 1226 (1984)

noting that an attorney fees order, issued in the form of “a brief memorandum opinion,” did not meet the separate document requirement of Rule 58

How later courts described this case

  • noting that an attorney fees order, issued in the form of “a brief memorandum opinion,” did not meet the separate document requirement of Rule 58

Written by the judges who cited it.

Later courts went against this

  • Disapproved by John C. Shimman v. International Union of Operating Engineers, Local 18, 744 F.2d 1226 (1984)

    See, e.g., Huecker v. Milburn, 538 F.2d 1241 (6th Cir. 1976), overruled on other grounds, Shimman v. Intl. Union of Operating Engineers, Local 18, 744 F.2d 1226 (6th Cir. 1984), cert. denied, 105 S.Ct. 1191, 84 L.Ed.2d 337 (1985); United States v. Dean, 519 F.2d 624 (6th Cir. 1975); Columbus Coated Fabrics v. Industrial Comm. of Ohio, 498 F.2d 408 (6th Cir. 1974); Richland Trust Co. v. Federal Ins.
    Court of Appeals for the Sixth CircuitOct 1, 19843 citing opinionsRead it

The opinion

EDWARDS, Circuit Judge

(concurring).

I join in the remand called for by the court’s opinion, since the United States Supreme Court has clearly ruled out award of attorney’s fees on the private attorney general theory in Alyeska Pipeline Service Co. v. The Wilderness Society, 421 U.S. 240 , 95 S.Ct. 1612 , 44 L.Ed.2d 141 (1975). In the light of footnote 44, pages 269-70, 95 S.Ct. 1612 in Alyeska Pipeline, supra, I adhere to my dissent in Taylor v. Perini, 503 F.2d 899, 906 (6th Cir. 1974).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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