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MOODY HILL FARMS LTD. v. U.S. DEPT. OF INTERIOR

No. 98-6052.

205 F.3d 554 (1999)

MOODY HILL FARMS LIMITED PARTNERSHIP, Douglas Durst, Susanne Durst, Raymond McEnroe, Frank S. Perotti, and Doris Perotti, Plaintiffs-Appellees, v. UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL PARKS SERVICE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 20, 1999.

Attorney(s) appearing for the Case

Robert W. Sadowski, Assistant United States Attorney (Mary Jo White, United States Attorney for the Southern District of New York, Gideon A. Schor, Assistant United States Attorney, on the brief) New York City, for defendant-appellant.

Gary M. Rosenberg, (Norman Flitt, Todd E. Soloway, Alan Garten on the brief) Rosenberg & Estis, P.C. New York City, for plaintiffs-appellees.

National Trust for Historic Preservation in the United States and Preservation League of New York State (Paul W. Edmondson, General Counsel, Elizabeth S. Merritt and Edith M. Shine, Assistant General Counsel, National Trust for Historic Preservation, Washington, D.C.), filed a brief as Amici Curiae in support of defendant-appellant.

Friends of Coleman Station, Inc. (Whitney North Seymour, Jr. and Peter James Clines of Landy & Seymour, New York City) filed a brief as Amicus Curiae in support of defendant-appellant.

BEFORE: NEWMAN, WALKER, and CALABRESI, Circuit Judges.

WALKER, Circuit Judge.

Plaintiffs-appellees, residents of the hamlet of Coleman Station in New York state, claimed in the United States District Court for the Southern District of New York (Robert W. Sweet, District Judge) that the Keeper of the National Register of Historic Places, an officer of the National Park Service, acted arbitrarily and capriciously, in violation of the Administrative Procedure Act ("APA"), 5 U.S.C. § 701 et seq., when she...

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