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HICKORY NEIGHBORHOOD DEFENSE LEAGUE v. SKINNER

No. 89-2328.

893 F.2d 58 (1990)

HICKORY NEIGHBORHOOD DEFENSE LEAGUE, Plaintiff-Appellant, v. Samuel K. SKINNER, Secretary of Transportation; Ray A. Barnhardt; James E. Harrington; George E. Wells, Defendants-Appellees, National Trust for Historic Preservation, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided January 2, 1990.

Attorney(s) appearing for the Case

Mary V. Carrigan, Michael Smith Scofield, Charlotte, N.C., for plaintiff-appellant.

Elizabeth Sherrill Merritt, Seattle, Wash. (David A. Doheny, Vice President & General Counsel, Andrea 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 (Robert L. Klarquist, Washington, D.C., James B. Richmond, Sp. Deputy Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., James E. Scapellato, Regional Counsel, Edward V.A. Kussy, L. Harold Aikens, Jr., Office of Chief Counsel, Federal Highway Admin., Donald A. Carr, Acting Asst. Atty. Gen., Charles R. Brewer, U.S. Atty., Clifford C. Marshall, Asst. U.S. Atty., Asheville, N.C., on brief), for defendants-appellees.

Before SPROUSE and WILKINS, Circuit Judges, and MacKENZIE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

WILKINS, Circuit Judge:

Hickory Neighborhood Defense League (Hickory Neighborhood) appeals the dismissal of its action and the denial of injunctive relief by the district court. 703 F.Supp. 1208.1 It contends that the district court erred in concluding that the defendants had complied with section 4(f) of the Department of Transportation Act of 1976, 49 U.S.C.A. § 303 (West 1989), and section...

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