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N.C. ALLIANCE FOR TRANSP. v. U.S. DEPT. OF TRANSP.

No. 1:99CV00134.

168 F.Supp.2d 569 (2001)

NORTH CAROLINA ALLIANCE FOR TRANSPORTATION REFORM, INC.; and Friends of Forsyth County, an unincorporated association; Plaintiffs, v. UNITED STATES DEPARTMENT OF TRANSPORTATION; Rodney E. Slater, Secretary of United States Department of Transportation; Federal Highway Administration; Kenneth R. Wykle, Administrator, Federal Highway Administration; Nicholas L. Graf, Division Administrator, Federal Highway Administration; North Carolina Department of Transportation; and E. Norris Tolson, Secretary, North Carolina Department of Transportation; Defendants.

United States District Court, M.D. North Carolina.

August 23, 2001.

Attorney(s) appearing for the Case

Marsh Smith, Cunningham Dedmond Petersen & Smith, Southern Pines, NC, Bruce J. Terris, Sarah A. Adams, Demian A. Schane, Terris Pravlik & Millian, LLP, Washington, DC, for North Carolina Alliance for Transportation Reform, Inc., Friends of Forsyth County, an unincorporated association, plaintiffs.

Gill P. Beck, Office of U.S. Attorney, Greensboro, NC, for United States Department of Transportation, Rodney E. Slater, Secretary, United States Department of Transportation, Federal Highway Administration, Kenneth R. Wykle, Administrator, Federal Highway Administration, Nicholas L. Graf, Division Administrator, Federal Highway Administration.

Elizabeth Leonard McKay, N.C. Department of Justice, Attorney General's Office, Raleigh, NC, for North Carolina Department of Transportation, E. Norris Tolson, Secretary, North Carolina Department of Transportation, defendants.

MEMORANDUM OPINION

BULLOCK, District Judge.

This matter is before the court on a motion by Plaintiffs North Carolina Alliance for Transportation Reform, Inc., and Friends of Forsyth County for attorneys' fees and expenses pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, and North Carolina General Statute ("N.C.Gen.Stat.") § 6-19.1. For the following reasons, the motion will be granted

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