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VILLAGE OF LOS RANCHOS DE ALBUQUERQUE v. BARNHART

No. 87-2657.

906 F.2d 1477 (1990)

VILLAGE OF LOS RANCHOS DE ALBUQUERQUE; and Rio Grande Valley Preservation Society, Plaintiffs-Appellants, and Elbert King; Joan McGinnis; Velma Whipple; Thomas Montoya; Priscilla Montoya; John Trotter; Kit Sargent, Plaintiffs, v. R.H. BARNHART, Administrator of the Federal Highway Administration; Elizabeth Dole, Secretary of the Department of Transportation; Peter A. Lombard, Environmental Protection Specialist for the Federal Highway Administration; Daniel Dake, Director, Office of Planning and Programming Development of the Federal Highway Administration; Dewey Lonsberry, Federal Highway Division, Administrator, Defendants-Appellees, and The City of Albuquerque; and The County of Bernalillo, Defendants-Intervenors-Appellees.

United States Court of Appeals, Tenth Circuit.

July 2, 1990.

Attorney(s) appearing for the Case

Alice G. Hector of Hector & Associates, P.A., Albuquerque, N.M., for plaintiffs-appellants.

Vicki L. Plaut (Roger J. Marzula, Acting Asst. Atty. Gen., William L. Lutz, U.S. Atty., Herbert A. Becker, Asst. U.S. Atty., Albuquerque, N.M., Robert L. Klarquist, Atty., Dept. of Justice, Land and Natural Resources Div., and Jean G. Rogers, of Counsel, Federal Highway Admin., with her on the brief), for defendants-appellees.

James H. Foley, City Atty., and Edward R. Pearson, Asst. City Atty., for City of Albuquerque, and Joe C. Diaz, County Atty., and MaryAnn Lunderman, Deputy County Atty., for County of Bernalillo, on the brief, for defendants-intervenors-appellees.

Before LOGAN, MOORE and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Plaintiffs (The Village of Los Ranchos de Albuquerque, the Rio Grande Valley Preservation Society, and certain named residents in Albuquerque's North Valley) appeal from a decision of the United States District Court for the District of New Mexico granting summary judgment in favor of defendants (certain officials in the Federal Highway Administration ("FHWA"), the City of Albuquerque, and the County of Bernalillo). We affirm.

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