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KEELER v. MAYOR & CITY COUNCIL OF CUMBERLAND

Civil Action No. S-96-167.

940 F.Supp. 879 (1996)

Cardinal William H. KEELER, et al., Plaintiffs, v. MAYOR & CITY COUNCIL OF CUMBERLAND, et al., Defendants.

United States District Court, D. Maryland.

October 15, 1996.

Attorney(s) appearing for the Case

Peter E. Keith, Thomas N. Biddison, Jr., and David W. Kinkopf, Gallagher, Evelius & Jones, Baltimore, MD, for plaintiffs.

H. Jack Price, Jr., Cumberland, MD, for Mayor & City Council.

Joyce Kestenbaum, U.S. Department of Justice, Civil Division, Federal Programs, Washington, DC, for Historic Preservation.

Lynn A. Battaglia, U.S. Attorney and Kaye A. Allison, Assistant U.S. Attorney, Baltimore, MD, for Intervenor, the U.S.

MEMORANDUM OPINION

SMALKIN, District Judge.

This action is before the Court on the plaintiffs' motion for summary judgment on Counts II, III, VI, VII and IX of their amended complaint. The defendants have opposed the motion. The issues having been fully briefed, no oral hearing is necessary. Local Rule 105.6 (D.Md.).

Factual and Procedural Background

The plaintiffs in this action, Cardinal William H. Keeler, Roman Catholic...

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