Western States Paving Co., Inc. v. Washington State Department Of Transportation

407 F.3d 983 WESTERN STATES PAVING CO., INC., Plaintiff-Appellant, v. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION; City of Vancouver, Washington; Clark County, Washington; Douglas MacDonald, Defendants-Appellees, United States of America; U.S. Department of Transportation; Federal Highway Administration, Defendants-Intervenors-Appellees. No. 03-35783. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 11, 2005. Filed May 9, 2005. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Gary E. Lofland, Lofland and Associates, Yakima, WA, argued the cause for the appellant. Lisa J. Stark, United States Department of Justice, Washington, DC, argued the cause for appellees United States of America, U.S. Department of Transportation, and Federal Highway Administration; R. Alexander Acosta, Assistant Attorney General, Mark L. Gross, United States Department of Justice, Washington, DC, and Jeffrey A. Rosen, Paul M. Geier, and Edward V.A. Kussy, United States Department of Transportation, Washington, DC, were on the brief. Steve E. Dietrich, Assistant Attorney General, Olympia, WA, argued the cause for appellee Washington State Department of Transportation;…