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NATURE CONSERVANCY v. MACHIPONGO CLUB, INC.

Nos. 76-2086, 76-2087.

579 F.2d 873 (1978)

The NATURE CONSERVANCY, Appellee, v. MACHIPONGO CLUB, INC., a West Virginia Corporation, Appellant. The NATURE CONSERVANCY, Appellant, v. MACHIPONGO CLUB, INC., a West Virginia Corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

July 31, 1978.

Attorney(s) appearing for the Case

Allan Gates, Timothy B. Atkeson, Hardy Wieting, Jr., Washington, D. C., for appellee in No. 76-2086 and for appellant in No. 76-2087.

Herbert H. Bateman, Newport News, Va., and William W. Talbot, Webster Springs, W. Va., for appellant in No. 76-2086 and for appellee in No. 76-2087.

Anthony F. Troy, Atty. Gen. of Virginia, and James E. Moore, Asst. Atty. Gen., Richmond, Va., for amicus curiae Commonwealth of Virginia.

Before WINTER and RUSSELL, Circuit Judges, and FIELD, Senior Circuit Judge.

PER CURIAM:

The parties and the Commonwealth of Virginia have all filed petitions for rehearing, some with suggestions for rehearing in banc. The petitions reargue the correctness of the several issues which were presented by this appeal, including (1) the Conservancy's right to prohibit use of the North-South Road, (2) the Conservancy's right to prohibit travel on the Atlantic beaches not within the confines of Machipongo's property, (3) the Conservancy's right to...

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