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SHERMAN R. SMOOT CO. v. U. S. DEPT. OF TRANSP.

Civ. A. No. 81-0511.

516 F.Supp. 260 (1981)

The SHERMAN R. SMOOT COMPANY, INC., Plaintiff, v. UNITED STATES DEPARTMENT OF TRANSPORTATION, et al., Defendant.

United States District Court, District of Columbia.

April 16, 1981.

Attorney(s) appearing for the Case

Charles S. Carter, Washington, D. C., J. Jeffrey McNealey, Columbus, Ohio, for plaintiff.

W. George Jameson, Sp. Asst. U. S. Atty., Washington, D. C., for defendant.

MEMORANDUM OPINION

JOYCE HENS GREEN, District Judge.

Pending before the Court are the cross-motions of the parties for summary judgment and that of the defendants to dismiss this action. Plaintiff, the Sherman R. Smoot Company ("Smoot") of Columbus, Ohio, seeks injunctive and declaratory relief as well as damages against defendants, the United States Department of Transportation ("DOT") and the Federal Railroad Administration ("FRA"). The Secretary of Transportation...

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