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CITIZENS TO PRESERVE OVERTON PARK, INC. v. VOLPE

Nos. 20344, 20345.

432 F.2d 1307 (1970)

CITIZENS TO PRESERVE OVERTON PARK, INC., William W. Deupree, Sr., Sunshine K. Snyder, Sierra Club, and National Audubon Society, Inc., Plaintiffs-Appellants, v. John A. VOLPE, Secretary Department of Transportation, and Charles W. Speight, Commissioner Tennessee Department of Highways, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Rehearing Denied October 30, 1970.

Certiorari Granted December 7, 1970.

Attorney(s) appearing for the Case

Charles F. Newman, Memphis, Tenn., for appellants; John W. Vardaman, Jr., Norman Sinel, Wilmer, Cutler & Pickering, Washington, D. C., Charles Forrest Newman, Burch, Porter & Johnson, Memphis, Tenn., on brief.

Thomas F. Turley, Jr., and J. A. Hanover, Memphis, Tenn., for appellees; Thomas F. Turley, Jr., U. S. Atty., David M. Pack, Atty. Gen. of Tenn., Lutron C. Goodpasture, Asst. Atty. Gen., of Tenn., Nashville, Tenn., J. Alan Hanover, Sp. Counsel, Hanover, Walsh, Barnes & Jalenak, Memphis, Tenn., on briefs.

Before WEICK, CELEBREZZE and PECK, Circuit Judges.

Certiorari Granted December 7, 1970. See 91 S.Ct. 246.

WEICK, Circuit Judge.

The present action was brought by plaintiffs, Citizens to Preserve Overton Park (a corporation organized for the purpose its name implies), William W. Deupree, Sr. (a taxpayer), Sunshine K. Snyder (a taxpayer and owner of property affected by the proposed highway route), the Sierra Club (a nonprofit corporation organized for conservation of natural resources), and the Audubon Society...

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