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NOE v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY

No. 80-7263.

644 F.2d 434 (1981)

M. NOE, Plaintiff-Appellant, v. METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY, John Doe, Secretary of Transportation, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit. Unit B.

Rehearing and Rehearing Denied June 18, 1981.

Attorney(s) appearing for the Case

Haas, Holland, Lipshutz, Levison & Gibert, Richard N. Hubert, Atlanta, Ga., for plaintiff-appellant.

Jerry Jackson, Robert L. Klarquist, Donald Mileur, Dept. of Justice, Washington, D. C., Curtis E. Anderson, Asst. U. S. Atty., Atlanta, Ga., for Secretary of Transp., et al.

Alston, Miller & Gaines, Ronald L. Reid, Atlanta, Ga., for Moseman Const. Co.

Robert A. Boas and Charles N. Pursley, Jr., Atlanta, Ga., for Parsons Brinckerhoff Tudor JV and MARTA.

Judson Graves, Atlanta, Ga., for Horn Fruin/Colnon, JV.

Before FAY and VANCE, Circuit Judges and ALLGOOD, District Judge.

Rehearing and Rehearing En Banc Denied June 18, 1981.

FAY, Circuit Judge:

Plaintiff-appellant seeks this Court's reversal of the District Court's dismissal of her complaint for lack of jurisdiction. Because we agree with the District Court that the National Environmental Policy Act (NEPA) does not give rise to a private cause of action for failing to adhere to the Environmental Impact Statement required by NEPA, we affirm the judgment of the District Court...

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