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PYE v. DEPARTMENT OF TRANS. OF STATE OF GA.

No. 74-3705. Summary Calendar.

513 F.2d 290 (1975)

Durwood T. PYE, Plaintiff-Appellant, v. DEPARTMENT OF TRANSPORTATION OF the STATE OF GEORGIA et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 13, 1975.

Attorney(s) appearing for the Case

Tom Pye, Lewis M. Groover, Jr., Atlanta, Ga., for plaintiff-appellant.

Robert E. Whitley, Atlanta, Ga., for U.S. Fidelity.

E. Lewis Hansen, Atlanta, Ga., for Allgood.

Arthur K. Bolton, Atty. Gen. of Ga., William C. Joy, William B. Brown, Terry P. McKenna, Atlanta, Ga., for Dept. of Transportation, and others.

Before COLEMAN, AINSWORTH and SIMPSON, Circuit Judges.

AINSWORTH, Circuit Judge:

This is a suit for recovery of land and damages based on several federal question grounds (due process, equal protection, and the National Environmental Protection Act) by plaintiff Durwood T. Pye against the Department of Transportation of the State of Georgia. The District Court concluded that all of plaintiff's contentions were either without merit or had been fully litigated in prior Georgia state court proceedings, and therefore were...

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