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IN RE ORDER TO ENCAP. NATIVE AMER. GRAVE.

No. M2006-01749-COA-R3-CV.

250 S.W.3d 873 (2007)

In re ORDER TO ENCAPSULATE NATIVE AMERICAN INDIAN GRAVESITES IN CONCRETE AND PAVE OVER WITH ASPHALT.

Court of Appeals of Tennessee, at Nashville.

August 23, 2007.

Permission to Appeal Denied February 4, 2008.

Attorney(s) appearing for the Case

Joseph Howell Johnston, Nashville, Tennessee, for the Appellants, The Alliance for Native American Indian Rights in Tennessee, Inc., Pat Cummins, Sandi Perry, and Toye Heape.

Robert E. Cooper, Jr., Attorney General and Reporter, Michael E. Moore, Solicitor General, and John H. Sinclair, Jr., Senior Counsel, for the Appellee, Gerald Nicely, Commissioner for the Tennessee Department of Transportation.

Permission to Appeal Denied by Supreme Court February 4, 2008.

OPINION

D. MICHAEL SWINEY, J., delivered the opinion of the court, in which HERSCHEL P. FRANKS, P.J., and SHARON G. LEE, J., joined.

During construction involving Hillsboro Road in Davidson County, the Department of Transportation discovered three Native American Indian graves. The Department of Transportation eventually reinterred the graves and encapsulated the graves in concrete. The...

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