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CITY OF VIRGINIA BEACH v. ROANOKE RIVER BASIN

Nos. 85-1022(L), 85-1083.

776 F.2d 484 (1985)

CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia and the United States of America, Appellees, v. ROANOKE RIVER BASIN ASSOCIATION; V. Earl Stanley, Jr.; Jesse L. Fowler, Jr.; Harold Carawan; Dr. Allan A. Hoffman, Defendants, and James G. Martin, Governor of the State of North Carolina, Appellant. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided November 1, 1985.

Attorney(s) appearing for the Case

Andrew P. Miller, Washington, D.C. (Kenneth M. Simon, S. Audiway Peal, Karen M. Anderson, Washington, D.C., Beth L. Webb, Dickstein, Shapiro & Morin, Washington, D.C., Lacy H. Thornburg, Atty. Gen., Daniel C. Oakley, Sp. Deputy Atty. Gen., G. Criston Windham, Asst. Atty. Gen., N.C. Dept. of Justice, Raleigh, N.C., on brief), for appellant.

John F. Kay, Jr., Richmond, Va. (M. Scott Hart, James E. Ryan, Jr., George A. Somerville, Mays, Valentine, Davenport & Moore, Richmond, Va., J. Dale Bimson, City Atty., Charles M. Salle, Deputy City Atty., Virginia Beach, Va., on brief), for appellees.

Before PHILLIPS and MURNAGHAN, Circuit Judges, and BUTZNER, Senior Circuit Judge.

BUTZNER, Senior Circuit Judge:

Two actions, one filed in the United States District Court for the Eastern District of Virginia and the other in the United States District Court for the Eastern District of North Carolina, seek to test the validity of the same pipeline permits issued to the City of Virginia Beach, Virginia, by the United States Army Corps of Engineers. In the action filed in Virginia, the city seeks a declaratory...

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