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COLORADO DEPT. OF HIGHWAYS v. U.S. DEPT. OF TRANSP.

No. 85-2572.

840 F.2d 753 (1988)

COLORADO DEPARTMENT OF HIGHWAYS, Plaintiff-Appellee, Utah Department of Transportation, Intervenor-Plaintiff-Appellee, v. UNITED STATES DEPARTMENT OF TRANSPORTATION; James H. Burnley, IV, in his capacity as the Administrator of the Department of Transportation; Federal Highway Administration; Ray Barnhart, Administrator of FHWA; Morris Reinhardt, as Regional Administrator of FHWA, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

February 24, 1988.

Attorney(s) appearing for the Case

Lynn B. Obernyer, First Asst. Atty. Gen., Natural Resources Section, Denver, Colo., and Leland D. Ford, Asst. Atty. Gen., Salt Lake City, Utah (Duane Woodard, Atty. Gen. of Colo., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Denver, Colo., and David L. Wilkins, Atty. Gen. of Utah, Salt Lake City, Utah, with them on the brief), for plaintiffs-appellees.

Christine R. Whittaker, Atty., Dept. of Justice, Washington, D.C. (Richard K. Willard, Asst. Atty. Gen., Robert N. Miller, U.S. Atty., Denver, Colo., and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C. with her on the brief), for defendants-appellants.

Before McKAY, McWILLIAMS and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Plaintiffs-appellees Colorado Department of Highways (Colorado) and Utah Department of Transportation (Utah) challenged the accounting method which the defendant-appellant Federal Highway Administration (FHWA), an entity within the Department of Transportation, determined the states must use to calculate federal reimbursement for construction engineering costs under the Federal-Aid Highway Act (Highway Act). 23 U.S.C. §§ 101-408 ...

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