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NARRAGANSETT INDIAN TRIBE v. WARWICK SEWER AUTH.

No. 02-2672.

334 F.3d 161 (2003)

NARRAGANSETT INDIAN TRIBE, Plaintiff, Appellant, v. WARWICK SEWER AUTHORITY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 3, 2003.

Attorney(s) appearing for the Case

Douglas J. Luckerman, with whom John F. Killoy, Jr. was on brief for appellant.

Ian C. Ridlon, with whom Jeffrey S. Brenner and Nixon Peabody LLP were on brief for appellee.

Before LYNCH, LIPEZ, and HOWARD, Circuit Judges.

LYNCH, Circuit Judge.

The Narragansett Indian Tribe appeals from the district court's denial of a preliminary injunction against the Warwick Sewer Authority. The Tribe claims that the Authority is proceeding with a sewer construction project which risks desecration of ancestral burial sites. The Tribe argues that the Authority failed to consult adequately with the Tribe about the project, as required by § 106 of the National Historic Preservation Act (NHPA),...

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