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STATE OF N.C. v. CITY OF VIRGINIA BEACH

No. 91-2314.

951 F.2d 596 (1991)

STATE OF NORTH CAROLINA; Roanoke River Basin Association, Plaintiffs-Appellees, v. CITY OF VIRGINIA BEACH, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 6, 1991.

As Amended January 7, January 13, and February 12, 1992.

Attorney(s) appearing for the Case

John F. Kay, Jr., Mays & Valentine, Richmond, Va., argued (M. Scott Hart, George A. Somerville, Samuel M. Brock, III, Mays & Valentine, Richmond, Va., Leslie L. Lilley, City Atty., Jeffry A. Sachs, Asst. City Atty., City of Virginia Beach, Virginia Beach, Va., John R. Jordan, Jr., Robert R. Price, Jordan, Price, Wall, Gray & Jones, Raleigh, N.C., on brief), for defendant-appellant.

Alan S. Hirsch, Sp. Deputy Atty. Gen., Raleigh, N.C., Patrick M. McSweeney, McSweeney, Burtch & Crump, P.C., Richmond, Va., argued (Lacy H. Thornburg, Atty. Gen. of North Carolina, Timothy D. Nifong, Asst. Atty. Gen., Raleigh, N.C., Michael V. Hernandez, Richmond, Va., on brief), for plaintiffs-appellees.

Before HALL, MURNAGHAN, and NIEMEYER, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

Once again we are confronted with the long-running dispute over the use of the waters of Lake Gaston, a man-made lake which lies partly in Virginia and partly in North Carolina, in the basin of the Roanoke River. The City of Virginia Beach, Virginia, which is situated in the James River Basin, seeks to satisfy its potable water needs by building an 85-mile pipeline extending from Lake Gaston to Virginia Beach through which...

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