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FRED W. SMITH, INC. v. BURNLEY

Civ. A. No. 88-0435 L.

733 F.Supp. 509 (1990)

FRED W. SMITH, INC. v. James BURNLEY, in his capacity as Secretary of Transportation of the United States of America; Gordon G. Hoxie, in his capacity as Division Administrator of the Federal Highway Administration; Rhode Island Department of Transportation and Matthew Gill, in his capacity as Director of the Department of Transportation.

United States District Court, D. Rhode Island.

March 30, 1990.

Attorney(s) appearing for the Case

Maureen McKenna Goldberg, Pawtucket, R.I., for plaintiff.

Everett Sammartino, Suzanne Kurt, Asst. U.S. Attys., F. Thomas O'Halloran, Sp. Counsel, Providence, R.I., for defendants.

MEMORANDUM AND ORDER

LAGUEUX, District Judge.

This matter is presently before the Court on the motion of each defendant for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

The instant action arises as a result of a proposed highway alteration project to an area known as the "Wakefield cutoff", located at the intersection of U.S. Route 1 and Old Tower Hill Road in the town...

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