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HICKORY NEIGHBORHOOD DEFENSE LEAGUE v. SKINNER

No. 90-2641.

910 F.2d 159 (1990)

HICKORY NEIGHBORHOOD DEFENSE LEAGUE, Plaintiff-Appellant, v. Samuel K. SKINNER, Secretary of Transportation; Thomas J. Harrelson; George E. Wells; Thomas D. Larson, Defendants-Appellees, National Trust for Historic Preservation in the United States, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided August 8, 1990.

Rehearing and Rehearing Denied August 21, 1990.

Attorney(s) appearing for the Case

Mary V. Carrigan, argued (Michael S. Scofield, Charlotte, N.C., on brief), for plaintiff-appellant.

Elizabeth S. Merritt, argued (David A. Doheny, Vice President and General Counsel, Andreea C. Ferster, Asst. General Counsel, Nat. Trust for Historic Preservation in the U.S., Washington, D.C., on brief), for amicus curiae.

Jacques B. Gelin, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., argued (Richard B. Stewart, Asst. Atty. Gen., Anne S. Almy, Robert L. Klarquist, Land & Natural Resources Div., U.S. Dept. of Justice, Washington, D.C., Thomas J. Ashcraft, U.S. Atty., Clifford C. Marshall, Asst. U.S. Atty., Asheville, N.C., James B. Richmond, Sp. Deputy Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., James E. Scapellato, Regional Counsel, Federal Highway Admin., Atlanta, Ga., L. Harold Aikens, Jr., Virginia I. Cherwek, Office of Chief Counsel, Federal Highway Admin., Washington, D.C., on brief), for defendants-appellees.

Before PHILLIPS, SPROUSE, and WILKINS, Circuit Judges.

Rehearing and Rehearing In Banc Denied August 21, 1990.

WILKINS, Circuit Judge:

Hickory Neighborhood Defense League appeals the order of the district court on remand from our decision in Hickory Neighborhood Defense League v. Skinner, 893 F.2d 58 (4th Cir.1990) (Hickory Neighborhood I). We affirm.

I.

The genesis of this litigation was a proposal by the North Carolina Department of Transportation...

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