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LEE v. THORNBURGH

Nos. 89-5043, 89-5086.

877 F.2d 1053 (1989)

Flossie E. LEE, et al. v. Richard THORNBURGH, Attorney General, et al., and District of Columbia, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided June 27, 1989.

Attorney(s) appearing for the Case

John M. Facciola, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John D. Bates, R. Craig Lawrence and Michael L. Martinez, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellants Richard Thornburgh, et al.

Lutz Alexander Prager, with whom Frederick D. Cooke, Jr. and Charles L. Reischel, Washington, D.C., were on the brief, for appellants District of Columbia, et al.

Andrea C. Ferster, Washington, D.C., for appellees.

David A. Doheny and Elizabeth S. Merritt, Washington, D.C., were on the brief for amicus curiae The Nat. Trust for Historic Preservation in the U.S., urging affirmance.

Before MIKVA and WILLIAMS, Circuit Judges, and WILL, Senior District Judge.

Opinion for the Court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

This appeal requires us to consider when §§ 106, 110(b) and 110(d) of the National Historic Preservation Act ("NHPA"), codified at 16 U.S.C. §§ 470f, 470h-2(b) and 470h-2(d) (1982), impose obligations affecting projects undertaken by the District of Columbia. The district court enjoined the federal and District appellants from proceeding with construction of a local...

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