TOWN OF PORTSMOUTH, R.I. v. LEWIS

No. 15-1052.

813 F.3d 54 (2016)

TOWN OF PORTSMOUTH, RHODE ISLAND, Plaintiff, Appellant, v. Michael P. LEWIS in his official capacity as Director of the Rhode Island Department of Transportation, Rhode Island Department of Transportation, Daniel J. Berman in his official capacity as Division Administrator of the Federal Highway Administration, Victor Mendez in his official capacity as Administrator of the Federal Highway Administration, Federal Highway Administration, Buddy Croft in his official capacity as Executive Director of the Rhode Island Turnpike and Bridge Authority, and Rhode Island Turnpike and Bridge Authority, Defendants, Appellees.

United States Court of Appeals, First Circuit.

February 10, 2016.


Attorney(s) appearing for the Case

Kevin P. Gavin , with whom Law Office of Kevin P. Gavin, Terence J. Tierney , and Law Office of Terence J. Tierney were on brief, for appellant.

Jeffrey H. Gladstone , with whom Robert K. Taylor and Partridge Snow & Hahn LLP were on brief, for appellees Michael P. Lewis and Rhode Island Department of Transportation.

Richard B. Myrus , Assistant U.S. Attorney, and Peter F. Neronha , United States Attorney, on brief for appellees Daniel J. Berman, Victor Menendez, and Federal Highway Administration.

William E. O'Gara , Brian J. Lamoreux , Rebecca M. Murphy , and Pannone Lopes Devereaux & West LLC on brief for appellees Rhode Island Turnpike and Bridge Authority and Buddy Croft.

Before HOWARD, Chief Judge, SELYA and THOMPSON, Circuit Judges.


The Town of Portsmouth, Rhode Island challenges a district court order dismissing its claims against federal and state transportation agencies and officers for collecting tolls on the Sakonnet River Bridge in violation of the anti-tolling provision of the Federal-Aid Highway Act (FAHA), 23 U.S.C. § 301, and the National...

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