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THOMPSON v. FUGATE

Nos. 71-1686, 71-1687.

452 F.2d 57 (1971)

William Taliaferro THOMPSON, III, et al., Appellants, v. Douglas B. FUGATE, Commissioner, Virginia Highway Commission, and John A. Volpe, Secretary of Transportation, Appellees. William Taliaferro THOMPSON, III, et al., Appellees, v. Douglas B. FUGATE, Commissioner, Virginia Highway Commission, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 13, 1971.

Attorney(s) appearing for the Case

Louis F. Oberdorfer, Washington, D. C. (John W. Riely, E. Milton Farley, III, Thomas G. Slater, Jr., Richmond, Va., Lloyd N. Cutler, Robert P. Stranahan, Jr., Gary D. Wilson, Wilmer, Cutler & Pickering, Washington, D. C., on brief), for William Taliaferro Thompson, and others.

Vann H. Lefcoe, Asst. Atty. Gen. (Andrew P. Miller, Atty. Gen. of Va., on brief), for Douglas B. Fugate.

William Kanter, Washington, D. C. (Brian P. Gettings, U. S. Atty., L. Patrick Gray, III, Asst. Atty. Gen., Walter H. Fleischer, Atty., Dept. of Justice, on brief), for John A. Volpe.

Before HAYNSWORTH, Chief Judge, and WINTER and RUSSELL, Circuit Judges.

PER CURIAM:

In a suit to contest the right of the defendants summarily to condemn and use an historic site for the construction of a federally-funded four-lane highway prior to a determination by the Secretary of Transportation that there is no prudent and feasible alternative to the route using the historic site, the district judge preliminarily enjoined construction of the highway over the historic site but declined to enjoin preliminary condemnation of the property...

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