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ALLIANCE FOR NAT. AMERICAN INDIAN v. NICELY

182 S.W.3d 333 (2005)

ALLIANCE FOR NATIVE AMERICAN INDIAN RIGHTS IN TENNESSEE, INC. et al. v. Gerald F. NICELY et al.

Court of Appeals of Tennessee, at Nashville.

May 10, 2005.

Permission to Appeal Denied October 17, 2005.

Attorney(s) appearing for the Case

Joseph H. Johnston, Nashville, Tennessee, for the appellants, Alliance for Native American Indian Rights in Tennessee, Inc., Patrick Cummins, Sandi Perry, Toye Heape, and Marion Dunn.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, and John H. Sinclair, Jr., Assistant Attorney General, for the appellees, Gerald F. Nicely, Commissioner of the Tennessee Department of Transportation, and the State of Tennessee.

Permission to Appeal Denied by Supreme Court October 17, 2005.

OPINION

WILLIAM C. KOCH, JR., P.J., M.S., delivered the opinion of the court, in which PATRICIA J. COTTRELL and FRANK G. CLEMENT, JR., JJ., joined.

This appeal involves the effect of a highway improvement project on ancient Native American graves. After discovering the graves during construction, the Tennessee Department of Transportation filed petitions in the Chancery Courts for Williamson...

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