WASHINGTON - A Richmond circuit court judge for the second time dismissed a lawsuit challenging Virginia's planned transfer of the Dulles Toll Road from the state's Department of Transportation to the Metropolitan Washington Airports Authority. The MWAA is slated to oversee the $5.2 billion Metrorail extension to Dulles International Airport that will be partly financed by $2 billion of tax-exempt bonds.

But Patrick McSweeney, a lawyer with McSweeney, Crump, Childress & Gould in Richmond, who is representing Patrick R. Gray and James W. Nagle, who filed the suit against VDOT and the MWAA, said his clients may appeal the decision by Judge Margaret P. Spencer. He said they will likely make a decision by the end of the week.

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