5th Circ. Denies Battery Recyclers' Fees Bid

Law360, New York (March 14, 2011, 6:41 PM EDT) -- The Fifth Circuit ruled Monday that two Texas battery recyclers weren't entitled to recover legal fees from an unsuccessful suit brought by rival companies over contributions to the environmental cleanup at a defunct recycling facility.

The U.S. Court of Appeals for the Fifth Circuit held that Del-Ray Battery Co. and Golden Eagle Battery Inc. weren’t entitled to $265,000 in expert and attorneys' fees from a state suit lodged by two other battery recyclers, saying they failed to state a claim.

The defendant-appellees, Douglas Battery Co. and...
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Case Information

Case Title

Del-Ray Battery Company, et al v. Douglas Battery Company, et al

Case Number



Texas Eastern

Nature of Suit

Other Statutory Actions


Michael H. Schneider

Date Filed

August 26, 2009

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