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DAINGERFIELD ISLAND PROTECTIVE SOC. v. LUJAN

No. 89-5165.

920 F.2d 32 (1990)

DAINGERFIELD ISLAND PROTECTIVE SOCIETY, et al., Appellants, v. Manuel LUJAN, Jr., Secretary, Department of Interior, et al. and Richmond, Fredericksburg & Potomac Railroad Company and Potomac Greens Associates Partnership, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 30, 1990.

Attorney(s) appearing for the Case

Ronald J. Wilson, for appellants.

Mark E. Nagel, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., John D. Bates and R. Craig Lawrence, Asst. U.S. Attys., were on the brief, for federal appellees.

Thomas J. Farrell, II, for appellees, Richmond, Fredericksburg and Potomac Railroad Co., et al.

Before WALD, Chief Judge, MIKVA and RUTH BADER GINSBURG, Circuit Judges.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

RUTH BADER GINSBURG, Circuit Judge:

The origin of this case is a 1970 agreement ("Exchange Agreement") by which the National Park Service ("NPS," "the Service") completed its acquisition of Dyke Marsh, an environmentally sensitive wetland on the Potomac River between Alexandria and Mount Vernon, Virginia. In exchange for the wetland property it acquired, NPS granted developer Charles Fairchild...

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