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UDALL v. WASHINGTON, VIRGINIA AND MARYLAND COACH CO.

Nos. 21394, 21395.

398 F.2d 765 (1968)

Stewart L. UDALL, Secretary of the Interior, et al., Appellants, v. WASHINGTON, VIRGINIA AND MARYLAND COACH COMPANY, Inc., Appellee, D. C. Transit System, Inc., Intervenor. UNITED STATES of America, Appellant, v. WASHINGTON, VIRGINIA AND MARYLAND COACH COMPANY, Inc., Appellee, D. C. Transit System, Inc., Washington Metropolitan Area Transit Commission, and Virginia State Corporation Commission, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided June 12, 1968.

Petitions for Rehearing Denied August 5, 1968.

Attorney(s) appearing for the Case

Mr. A. Donald Mileur, Atty., Department of Justice, with whom Asst. Atty. Gen. Clyde O. Martz, Acting Asst. Atty. Gen. Harold S. Harrison, and Messrs. Roger P. Marquis and Thos. L. McKevitt, Attys., Department of Justice, were on the brief, for appellants. Mr. J. Edward Williams, Atty., Department of Justice, also entered an appearance for appellants.

Mr. Manuel J. Davis, Washington, D. C., for appellee and for intervenor D. C. Transit System, Inc.

Mr. Russell W. Cunningham, Arlington, Va., with whom Mr. Renn C. Fowler, Washington, D. C., was on the brief, for intervenors Washington Metropolitan Area Transit Commission and Virginia State Corporation Commission.

Messrs. Wilmer S. Schantz, Jr. and Samuel M. Langerman, Washington, D. C., were on the brief for intervenor D. C. Transit System, Inc.

Before PRETTYMAN, Senior Circuit Judge, and WRIGHT and TAMM, Circuit Judges.

Petitions for Rehearing En Banc August 5, 1968.

J. SKELLY WRIGHT, Circuit Judge:

The facts of this appeal can be quickly stated. The United States owns and controls a strip of land which runs along the Potomac River on the Virginia side. Located on this strip is a multi-lane highway, known as the George Washington Memorial Parkway, which stretches from Mount Vernon at its southern end through the city of Alexandria, north through Arlington and Fairfax Counties...

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