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WASHINGTON METRO. TRANS. AUTH. v. GEORGETOWN UNIV.

No. 02-7016.

347 F.3d 941 (2003)

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY, Appellant, v. GEORGETOWN UNIVERSITY, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided October 31, 2003.

Attorney(s) appearing for the Case

Joseph J. Zimmerman, Assistant General Counsel, argued the cause for appellant. With him on the briefs were Cheryl C. Burke, General Counsel, Carol B. O'Keeffe, Principal Deputy General Counsel, and Gerard J. Stief, Associate General Counsel.

William M. Holm argued the cause and filed the brief for appellee.

Before: EDWARDS, RANDOLPH, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

Dissenting opinion filed by Circuit Judge RANDOLPH.

HARRY T. EDWARDS, Circuit Judge:

This case concerns an easement held by Georgetown University on property owned by the Washington Metropolitan Area Transit Authority("WMATA"). In 1895, William J. and Barbara Fowler, Georgetown's predecessors-in-interest, sold a strip of their land in the District...

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