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CITY OF FAIRFAX, VA. v. WASH. METRO., ETC.

Nos. 77-2124 to 77-3132.

582 F.2d 1321 (1978)

In re CITY OF FAIRFAX, VIRGINIA, Plaintiff, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY et al., Defendants (nine cases). CITY OF FAIRFAX, Appellee, v. CITY OF ALEXANDRIA, Appellant. CITY OF FAIRFAX, Appellee, v. ARLINGTON COUNTY, VIRGINIA, Appellant. CITY OF FAIRFAX, Appellee, v. CITY OF FALLS CHURCH, Appellant. CITY OF FAIRFAX, Appellee, v. COUNTY OF FAIRFAX, VIRGINIA, Appellant. CITY OF FAIRFAX, VIRGINIA, Appellee, v. PRINCE GEORGE'S COUNTY, MARYLAND, Appellant. CITY OF FAIRFAX, VIRGINIA, Appellee, v. DISTRICT OF COLUMBIA, Appellant. CITY OF FAIRFAX, VIRGINIA, Appellee, v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellant. CITY OF FAIRFAX, VIRGINIA, Appellee, v. WASHINGTON SUBURBAN TRANSIT DISTRICT, Appellant. CITY OF FAIRFAX, VIRGINIA, Appellee, v. MONTGOMERY COUNTY, MARYLAND, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1978.

Attorney(s) appearing for the Case

William H. Horkan, Sp. Counsel to Washington Metropolitan Area Transit Authority and Washington Suburban Transit Dist., Washington, D. C. (Cyril D. Calley, City Atty., Alexandria, Va., Jerry K. Emrich, County Atty., Arlington, Va., John R. Risher, Richard Barton, Edward Schwab, Corp. Counsel, Dist. of Columbia, Washington, D. C., Frederick Lee Ruck, County Atty., William McCauley Arnold, Asst. County Atty., Fairfax County, Fairfax, Va., Paul T. O'Grady, City Atty., Paul M. Mahoney, Asst. City Atty., Falls Church, Va., Richard S. McKernon, County Atty., Richard E. Frederick, Francis T. Lacy, Asst. County Attys., Montgomery County, Rockville, Md., James C. Chapin, Upper Marlboro, Md., Steven M. Gilbert, Associate County Atty., Prince George's County, Upper Marlboro, Md., for appellants.

John H. Rust, Jr., Fairfax, Va., Joseph V. Buonassissi, II, Rust, Rust & Pratt, Fairfax, Va., for appellee.

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

DONALD RUSSELL, Circuit Judge:

This is an action on contract. The contract arose in connection with the construction of a Metrorail system to serve the Washington (D.C.) area. To effectuate this end, the Washington Metropolitan Area Transit Authority (hereinafter referred to as the Authority) had been created as a body politic by an Interstate Compact between Maryland, Virginia and the District of Columbia, for the purpose of constructing a rapid rail transit system...

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