NAT. TRUST FOR HISTORIC PRESERVATION v. DOLE

No. 85-6182.

828 F.2d 776 (1987)

NATIONAL TRUST FOR HISTORIC PRESERVATION IN the UNITED STATES, et al., Appellants, v. Elizabeth H. DOLE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 2, 1987.

As Amended September 25, 1987.


Attorney(s) appearing for the Case

C. Michael Buxton, Washington, D.C., with whom Travis R. Brewer, David A. Doheny, and Elizabeth S. Merritt, were on brief, for appellants.

Charles F. Flynn, Asst. U.S. Atty., Washington, D.C., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth and R. Craig Lawrence, Asst. U.S. Attys., were on brief, for appellees Elizabeth H. Dole, et al.

Karen S. Dworkin, Asst. Corp. Counsel, Washington, D.C., with whom John H. Suda, Acting Corp. Counsel, D.C., and Charles L. Reischel, Deputy Corp. Counsel, D.C., were on brief, for appellee District of Columbia.

Before STARR and BUCKLEY, Circuit Judges, and GEORGE H. REVERCOMB, U.S. District Judge for the District of Columbia.


Opinion for the Court PER CURIAM.

Opinion concurring in part and dissenting in part filed by Circuit Judge BUCKLEY.

PER CURIAM:

This appeal arises from a dispute over the federally-funded construction of suicide prevention barriers on the Duke Ellington Bridge, an historic landmark in Washington, D.C. Appellants, distressed by the barriers' effect on the appearance of the bridge, seek to require the Federal Highway Administration (FHWA) to evaluate...

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