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STOP H-3 ASS'N v. COLEMAN

No. 75-1552.

533 F.2d 434 (1976)

STOP H-3 ASSOCIATION et al., and Hui Malama Aina O Ko'olau et al., Appellants, v. William T. COLEMAN, Jr., as Secretary of the United States Department of Transportation, et al., Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied May 21, 1976.

Attorney(s) appearing for the Case

Boyce R. Brown, Jr. (argued), Honolulu, Hawaii, for appellants.

Warren H. Higa, Asst. U. S. Atty., and Melvin Y. Nishimoto, Deputy Atty. Gen. (argued), Honolulu, Hawaii, for appellees.

Before KOELSCH, ELY and WALLACE, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 21, 1976.

OPINION

ELY, Circuit Judge:

The Moanalua Valley, a beauteous natural wonder that many believe to be of great significance in Hawaiian history,1 lies on Hawaii's Island of Oahu, directly in the path of a proposed Interstate Highway called H-3. The principal issue on this appeal is whether Moanalua qualifies for protection as an "historic site of . . . State, or local...

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