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McMILLAN PARK COM. v. NATIONAL CAPITAL PLAN. COM'N

Nos. 91-5134, 91-5135, 91-5143 and 91-5166.

968 F.2d 1283 (1992)

McMILLAN PARK COMMITTEE, Tony Norman, and Arthur Kinkead v. NATIONAL CAPITAL PLANNING COMMISSION; Sharon Pratt Kelly, Mayor of the District of Columbia; and Ric Murphy, Director of the Department of Administrative Services of the District of Columbia, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 7, 1992.

Attorney(s) appearing for the Case

Jacques B. Gelin, Atty., Dept. of Justice, with whom Barry M. Hartman, Acting Asst. Atty. Gen., Jay B. Stephens, U.S. Atty., John C. Cleary, Asst. U.S. Atty., and Martin W. Matzen, Atty., Dept. of Justice, Washington, D.C., were on the brief, for federal appellants.

Lutz Alexander Prager, Asst. Deputy Corp. Counsel, Office of the Corp. Counsel, with whom John Payton, Corp. Counsel, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for appellants Sharon Pratt Kelly, et al.

Katherine A. Meyer, Washington, D.C., for appellees McMillan Park Committee, Tony Norman and Arthur Kinkead in Nos. 91-5134 and 91-5166.

Andrea C. Ferster, with whom David A. Doheny and Elizabeth S. Merritt, Washington, D.C., for National Trust for Historic Preservation in the U.S., and Lovida H. Coleman, Jr., for the D.C. Preservation League, were on the joint brief, for appellees in Nos. 91-5135 and 91-5143.

Before EDWARDS, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Concurring opinion filed by Circuit Judge RANDOLPH.

SENTELLE, Circuit Judge:

The National Capital Planning Commission ("Planning Commission") and the District of Columbia government ("D.C." or "the District") appeal from a District Court order involving the National Historic Preservation Act ("NHPA"), 16 U.S.C. §§ 470 to 470w-6. Finding that the Planning Commission violated the NHPA when...

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