ELR Citation: ELR 20861
No(s). 85-4448 (5th Cir. Jun 27, 1986)

The court, ruling on a petition for rehearing filed by landowner, vacated the lower court's order denying the preliminary injunction because the only ground on which the court clearly based its denial of injunctive relief was its erroneous interpretation of the NHPA. The court observes, however, that its action does not imply that an injunction should be granted, given the progress of construction since the May 14 decision.

Counsel are listed at 16 ELR 20860.

Before Gee and Rubin, JJ.