CLALLAM CTY. v. DEPT. OF TRANSP. STATE OF WASH.

No. 85-4124.

849 F.2d 424 (1988)

CLALLAM COUNTY, et al., Plaintiffs-Appellees, v. DEPARTMENT OF TRANSPORTATION, OF the STATE OF WASHINGTON, et al., Defendants-Appellants. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, Plaintiff-Appellant, v. FEDERAL HIGHWAY ADMINISTRATION and Ray A. Barnhart, Administrator, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 14, 1988.


Attorney(s) appearing for the Case

Thomas R. Garlington, Sr. Asst. Atty. Gen., Olympia, Wash., for defendants-appellants.

Mark E. Fortier, Kargianis & Austin, Seattle, Wash., for plaintiffs-appellees.

Before FLETCHER, FERGUSON and REINHARDT, Circuit Judges.


FLETCHER, Circuit Judge:

The Washington State defendants appeal the district court's interlocutory order granting a permanent injunction that prohibits the State from collecting tolls on the Hood Canal Bridge. The State contends that the district court misapplied 23 U.S.C. § 129(a) of the Federal-Aid Highway Act, 23 U.S.C. § 101 et seq., in failing to consider the State's insurance proceeds and interest as "costs of construction." We agree.

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