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COMMITTEE OF 100 ON FEDERAL CITY v. HODEL

Nos. 85-5689 to 85-5691.

777 F.2d 711 (1985)

COMMITTEE OF 100 ON the FEDERAL CITY, et al. v. Donald P. HODEL, Secretary of Interior, et al. Washington Harbour Associates, Appellant. COMMITTEE OF 100 ON the FEDERAL CITY, et al. v. Donald P. HODEL, Secretary of Interior, et al., Appellants. COMMITTEE OF 100 ON the FEDERAL CITY, et al. v. Donald P. HODEL, Secretary of Interior, et al., Rosewood Hotels, Inc., Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 8, 1985.

As Amended November 8, 1985.

Attorney(s) appearing for the Case

Mitchell R. Berger, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., Washington, D.C., were on brief, for appellants, Donald P. Hodel, Secretary of the Interior, et al., in No. 85-5690.

Irwin Goldbloom, with whom William C. Kelly, Jr., David H. Schwartz, Washington, D.C., Robert J. Kheel, New York City, and S. Scott Morrison, Washington, D.C., were on joint brief, for appellants, Washington Harbour Associates, and Rosewood Hotels, Inc., in Nos. 85-5689 and 85-5691.

Cornish F. Hitchcock, with whom Alan B. Morrison, Washington, D.C., was on brief, for appellees, Committee of 100 on the Federal City, et al., in Nos. 85-5689, 85-5690 and 85-5691.

Before ROBINSON, Chief Judge, and BORK, Circuit Judge, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Senior Circuit Judge McGOWAN.

McGOWAN, Senior Circuit Judge:

These consolidated appeals present the question of which statute, either 16 U.S.C. § 460l -9(c) (1982) ("§ 9(c)") or 16 U.S.C. § 460l -22(b) (1982) ("§ 22(b)"), controls where the National Park Service ("Park Service") seeks to exchange a piece of national park property for other property which...

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