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STATE EX REL. COMMISSIONER OF TRANSPORTATION v. MEDICINE BIRD

63 S.W.3d 734 (2001)

STATE of Tennessee ex rel. COMMISSIONER OF TRANSPORTATION v. MEDICINE BIRD BLACK BEAR WHITE EAGLE, et al.

Court of Appeals of Tennessee, at Nashville.

Permission to Appeal Denied December 10, 2001.

Attorney(s) appearing for the Case

Paul G. Summers, Attorney General and Reporter, and Michael Moore, Solicitor General, for appellant, State of Tennessee.

Virginia Lee Story, Franklin, TN, and John E. Herbison, Nashville, TN, for Tennessee Commission of Indian Affairs and Toye Heape, Executive Director of the Tennessee Commission of Indian Affairs.

Joe W. McCaleb, Hendersonville, TN, for appellees, Medicine Bird Black Bear White Eagle, Albert Bender, Leela Vaughn, Rogers Clinch, Grady Jones, Michael Simms, Norman Totten, Sheila Totten, Edna Faye, Dale Mitchell, Robin Lockwood, and Anita Stevens.

Joseph H. Johnston, Nashville, TN, for appellees, Gilbert Cupp, Dan Kirby, and Marion Dunn.

Permission to Appeal Denied by Supreme Court December 10, 2001.

OPINION

KOCH, J., delivered the opinion of the court, in which CANTRELL, P.J., M.S. and CAIN, J., joined.

This appeal involves the efforts of the Tennessee Department of Transportation to widen the intersection of Hillsboro Road and Old Hickory Boulevard in Williamson County. After the discovery of two ancient graves near the intersection...

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