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MULLIN v. SKINNER

No. 90-547-CIV-5-BR.

756 F.Supp. 904 (1990)

Courtney J. MULLIN, Minnie Kelly Hunt, William G. Hunt, Warren D. Knapp, Cletus A. Waldmiller, Kathryn McCoy, Dailey Longwood Canady, Albert N. Wells, and Sunset Beach Taxpayers Association, Plaintiffs, v. Samuel K. SKINNER, Secretary of the United States Department of Transportation, Thomas D. Larson, Administrator of the Federal Highway Administration, The Federal Highway Administration, Thomas J. Harrelson, Secretary of the North Carolina Department of Transportation, William G. Marley, Jr., North Carolina State Highway Administrator, The North Carolina Department of Transportation, and The North Carolina Highway Administration, Defendants.

United States District Court, E.D. North Carolina, Raleigh Division.

November 19, 1990.

Attorney(s) appearing for the Case

James B. Maxwell, Ruth Ann McKinney, Maxwell & Hutson, Durham, N.C., for plaintiffs.

Eileen G. Coffey, U.S. Atty's. Office, Raleigh, N.C., for defendants.

MEMORANDUM OPINION

BRITT, District Judge.

This is a suit for declaratory and injunctive relief arising out of the proposed construction of a high-rise, fixed-span bridge at the island of Sunset Beach, North Carolina. Plaintiffs are permanent residents of Sunset Beach, nonresident owners of property located in Sunset Beach, a commercial fisherman, and a nonprofit corporation consisting of 500 paid members who are both resident and nonresident land-owners...

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