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SOUDERS v. WASHINGTON METRO. AREA TRANSIT AUTH.

No. 93-7243.

48 F.3d 546 (1995)

David Monro SOUDERS; Margaret Hopkins Plank; Edmund Allison Rennolds, III; Dorothy Joan Warren; Webb L. Smedley; Angela Cauli Smedley, Appellants v. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided March 3, 1995.

Attorney(s) appearing for the Case

Neil D. Intrater, Silver Spring, MD, argued the cause and filed the briefs for appellants.

Gerard J. Stief, Associate Gen. Counsel, Washington Metropolitan Area Transit Authority, Washington, DC, argued the cause and filed the brief for appellee. With him on the brief were Robert L. Polk, Gen. Counsel, and Robert J. Kniaz, Deputy Gen. Counsel, Washington Metropolitan Area Transit Authority, Washington, DC.

Before WALD, SILBERMAN, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Appellants are three married couples who own homes near a section of Washington Metropolitan Area Transit Authority ("WMATA") track in Silver Spring, Maryland. They appeal a district court judgment dismissing their noise nuisance suit against WMATA on the ground of sovereign immunity. We affirm.

I. BACKGROUND

In September 1990, WMATA extended its red line service to include...

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