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NEIGHBORHOOD ASS'N OF THE BACK BAY INC. v. FEDERAL TRANSIT ADMINISTRATION

No. 06-1029.

463 F.3d 50 (2006)

NEIGHBORHOOD ASSOCIATION OF THE BACK BAY, INC.; The Boston Preservation Alliance, Inc., Plaintiffs, Appellants, v. FEDERAL TRANSIT ADMINISTRATION; Massachusetts Bay Transportation Authority, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided September 14, 2006.

Attorney(s) appearing for the Case

Laurence E. Hardoon, with whom Deirdre Brennan Regan and Brody, Hardoon, Perkins & Kersten, LLP, were on brief, for appellants Neighborhood Association of the Back Bay, Inc., The Boston Preservation Alliance, Inc.

Barbara Healy Smith, with whom Michael J. Sullivan was on brief, for appellee Federal Transit Administration.

Stephen M. Leonard, with whom Rachel A. Lipton and Brown Rudnick Berlack Israels L.L.P., were on brief, for appellee Massachusetts Bay Transportation Authority.

Before BOUDIN, Chief Judge, TORRUELLA and DYK, Circuit Judges.

DYK, Circuit Judge.

The Neighborhood Association of the Back Bay, Inc. ("NABB") and the Boston Preservation Alliance ("BPA") (collectively "Plaintiffs") brought suit against the Federal Transit Authority ("FTA") and Massachusetts Bay Transportation Authority ("MBTA"), asserting that planned modifications to the Copley Square transit station violated historical preservation statutes. The United States District Court for the...

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