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SWITZERLAND COMPANY v. UDALL

No. 9385.

337 F.2d 56 (1964)

SWITZERLAND COMPANY, a corporation, and Joseph H. Walker, Appellants, v. Stewart L. UDALL, Conrad Wirth, and Sam P. Weems, Appellees.

United States Court of Appeals Fourth Circuit.

Decided September 30, 1964.

Attorney(s) appearing for the Case

Guy T. Carswell and James F. Justice, Charlotte, N. C., (Francis O. Clarkson, Jr., Carswell & Justice, and Craighill, Rendleman & Clarkson, Charlotte, N. C., on brief), for appellants.

Richard N. Countiss, Atty., Dept. of Justice, and William Medford, U. S. Atty. (Ramsey Clark, Asst. Atty. Gen., and Roger P. Marquis, Atty., Dept. of Justice, on brief) for appellees.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and HEMPHILL, District Judge.

HAYNSWORTH, Circuit Judge.

Concluding that this was an action against the United States to which it had not consented, the District Court dismissed this action brought nominally against three individuals who occupy the offices, respectively, of the Secretary of the Interior, the Director of the National Park Service and the Superintendent of the Blue Ridge Parkway. The relief sought by the plaintiffs is a compulsory removal of obstructions, deliberately erected by...

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