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S.J. GROVES & SONS CO. v. FULTON COUNTY

Nos. 86-8105, 88-8536, 88-8573 and 88-8700.

920 F.2d 752 (1991)

S.J. GROVES & SONS COMPANY and Jasper Construction Company, Plaintiffs-Appellees, v. FULTON COUNTY, Defendant-Appellant, U.S. Department of Transportation, Defendant. S.J. GROVES & SONS COMPANY and Jasper Construction Company, Plaintiffs-Appellees, v. FULTON COUNTY, Defendant-Cross-Claim Plaintiff-Appellant. S.J. GROVES COMPANY and Jasper Construction Company, Plaintiffs-Appellees, v. FULTON COUNTY, Defendant-Cross-Claim Plaintiff-Appellant, United States Department of Transportation and James H. Burnley, IV, Secretary, United States Department of Transportation, Defendant-Cross-Claim Defendants-Appellees. S.J. GROVES & SONS COMPANY and Jasper Construction Co., Inc., Plaintiffs-Appellees, v. FULTON COUNTY, Defendant-Appellant, United States Department of Transportation, James H. Burnley, IV, Secretary, United States Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 7, 1991.

Attorney(s) appearing for the Case

Keith Weiner, Webb & Daniel, Atlanta, Ga., for Fulton County.

Terrence Lee Croft, Peter A. Wade, W. Henry Parkman, C. Wilson DuBose, Griffin, Cochrane, Marshall & Elger, Atlanta, Ga., for S.J. Groves & Sons, Jasper Const. Co.

William O. Miller, G. Stephen Parker, Robert B. Baker, Jr., Southeastern Legal Foundation, Inc., Atlanta, Ga., for amicus Southeastern Legal Foundation, Inc.

Mark L. Gross, Dept. of Justice, Civil Rights Div., Washington, D.C., for U.S. Dept. of Transp.

Before KRAVITCH and COX, Circuit Judges, and DYER, Senior Circuit Judge.

COX, Circuit Judge:

I. FACTS AND PROCEDURE

A. Facts

The Federal Aviation Administration (FAA) of the Department of Transportation (DOT) has designated Fulton County Airport (also known as Brown Field) a "reliever" airport. This means that it is an alternative destination for freight and cargo flights away from the primary passenger airport in the area, Hartsfield International Airport. In 1981, the FAA determined that the instrumented runway...

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