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GETTYSBURG BATTLEFIELD v. GETTYSBURG COLLEGE

Civ. A. No. 1:CV-91-1494.

799 F.Supp. 1571 (1992)

GETTYSBURG BATTLEFIELD PRESERVATION ASSOCIATION; Dr. Walter L. Powell; Timothy H. Smith; and Edwin R. Peterson, Plaintiffs, v. GETTYSBURG COLLEGE; the Gettysburg Railroad; Manuel Lujan, United States Department of the Interior; James W. Coleman; and the National Park Service, Defendants.

United States District Court, M.D. Pennsylvania.

July 2, 1992.

Attorney(s) appearing for the Case

Robyn J. Katzman, Eugene E. Dice, Harrisburg, Pa., for plaintiffs.

Judith G. Hirsh, Goldberg, Katzman & Shipman, P.C., Harrisburg, Pa., for defendant Gettysburg College.

Daniel J. Sweeney, Washington, D.C., Scott W. Morgan, Morgan and Morgan, Harrisburg, Pa., John M. Cutler, Jr., McCarthy, Sweeney & Harkaway, P.C., Washington, D.C., for defendant the Gettysburg R.R.

Michael J. Kane, Harrisburg, Pa., Robert J. DeSousa, U.S. Atty.'s Office, Lewisburg, Pa., for defendants Manuel Lujan, James Coleman, U.S. Dept. of Interior and Nat. Park Service.

MEMORANDUM

RAMBO, District Judge.

Before the court are separate motions to dismiss submitted by the federal defendants, Gettysburg College, and Gettysburg Railroad. All motions have been briefed and are ripe for consideration. Prior to examining the merits, the court will discuss the factual background of the action and the standard utilized in examining such motions.

Background

I....

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