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NATIONAL PARKS CONSERVATION ASS'N v. NORTON

No. 02-10555.

324 F.3d 1229 (2003)

NATIONAL PARKS CONSERVATION ASSOCIATION, Tropical Audubon Society, Plaintiffs-Appellants, v. Gail NORTON, as Secretary of the United States Department of the Interior, and Fran P. Mainella, as Director of the National Park Service, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 18, 2003.

Attorney(s) appearing for the Case

Paul J. Schwiep, Aragon, Burlington, Weil & Crockett, P.A., Miami, FL, Richard A. Duncan, Karleen M. O'Connor, Faegre & Benson, LLP, Minneapolis, MN, for Plaintiffs-Appellants.

Sandra S. Glover, David C. Shilton, U.S. Dept. of Justice, App. Section, Environment & Natural Resources Div., Washington, DC, for Defendants-Appellees.

Before CARNES, MARCUS and SUHRHEINRICH, Circuit Judges.

MARCUS, Circuit Judge:

This case centers around the fate of "Stiltsville," a collection of stilted buildings located in Biscayne Bay, off the southern coast of Key Biscayne, Florida. These buildings presently rest within the boundaries of Biscayne National Park, and accordingly the National Park Service ("NPS") is charged with their administration. However, in 1976, prior to the assumption by the NPS of responsibility for their management,1

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