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TAUBMAN REALTY GROUP LTD. PARTNERSHIP v. MINETA

No. 02-1612.

320 F.3d 475 (2003)

The TAUBMAN REALTY GROUP LIMITED PARTNERSHIP, a Delaware Limited Partnership; TRG-Regency Square Associates LLC, a Virginia Limited Liability Corporation, Plaintiffs-Appellants, v. Norman Y. MINETA, Secretary of Transportation; Federal Highway Administration; County of Henrico, Virginia, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 21, 2003.

Attorney(s) appearing for the Case

ARGUED: Steven Raymond Johnson, Schnader, Harrison, Segal & Lewis, L.L.P., Washington, DC, for Appellants. Robert Dean Perrow, Williams Mullen, P.C., Richmond, VA; Steven E. Gordon, Assistant United States Attorney, Alexandria, VA, for Appellees.

ON BRIEF: Neil T. Proto, Gordon S. Woodward, Matthew B. Holmwood, Schnader, Harrison, Segal & Lewis, L.L.P., Washington, DC, for Appellants. Paul J. McNulty, United States Attorney, Alexandria, VA, for Appellees.

Before KING, Circuit Judge, HAMILTON, Senior Circuit Judge, and Morton I. GREENBERG, Senior Circuit Judge of the United States Court of Appeals for the Third Circuit, sitting by designation.

Affirmed by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge KING and Senior Judge GREENBERG joined.

OPINION

HAMILTON, Senior Circuit Judge.

TRG-Regency Square Associates, LLC (TRG)1 appeals the district court's Rule 12(b)(6) dismissal with prejudice of its claim against Henrico County, Virginia (the County), alleging that the County violated the Supremacy Clause of the United States Constitution...

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