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FORT SUMTER TOURS, INC. v. ANDRUS

No. 77-8308.

564 F.2d 1119 (1977)

FORT SUMTER TOURS, INC., Appellee, v. Cecil D. ANDRUS, Secretary, Department of the Interior, United States, An Agency of the United States of America, and Gray Line Water Tours, Inc., Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 3, 1977.

Attorney(s) appearing for the Case

Coming B. Gibbs, Jr., Charleston, S. C. (A. Hoyt Rowell, III, John M. Bleecker, Jr., Gibbs, Gaillard, Rowell & Tanenbaum, Charleston, S. C., on brief), for appellant Gray Line Water Tours.

Robert B. Wallace and Morris D. Rosen, Charleston, S. C., for appellee.

Larry G. Gutterridge, Dept. of Justice, Washington, D. C., for appellant Andrus.

Before WINTER, Circuit Judge, FIELD, Senior Circuit Judge, and HALL, Circuit Judge.

WINTER, Circuit Judge:

Gray Line Water Tours, Inc. (Gray Line) sought a stay pending appeal of the district court's preliminary injunction preventing the Secretary of the Interior and his designates from entering into any contract to provide boat transportation to and from Fort Sumter National Monument until further order of court. The litigation had been instituted by Fort Sumter Tours, Inc. (Fort Sumter) which sued the Secretary to prevent him from entering into...

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