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LEHMAN v. BURNLEY

No. 447, Docket 88-6020.

866 F.2d 33 (1989)

Orin LEHMAN, as Commissioner of the New York State Office of Parks, Recreation and Historic Preservation, and The New York State Office of Parks, Recreation and Historic Preservation, Plaintiffs-Appellees, v. James H. BURNLEY, as Secretary of the United States Department of Transportation, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 13, 1989.

Attorney(s) appearing for the Case

Gabriel W. Gorenstein, Asst. U.S. Atty., S.D.N.Y., New York City (Rudolph W. Giuliani, U.S. Atty., Amy Rothstein, Nancy Kilson, Asst. U.S. Attys., S.D.N.Y., New York City, of counsel), for appellant.

Laurel W. Eisner, Asst. Atty. Gen., State of N.Y., New York City (Robert Abrams, Atty. Gen., State of N.Y., Judith T. Kramer, Asst. Atty. Gen., State of N.Y., New York City, of counsel), for appellees.

Before FEINBERG, Chief Judge, MESKILL and KEARSE, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from a December 11, 1987 judgment of the United States District Court for the Southern District of New York, Owen, J., which granted summary judgment to plaintiffs-appellees the New York State Office of Parks, Recreation and Historic Preservation and its Commissioner, Orin Lehman ("the appellees" or "New York") and denied summary judgment to defendant-appellant Elizabeth Hanford Dole as Secretary of the United States Department...

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