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CIVIC IMPROVEMENT COMMITTEE v. VOLPE

No. 72-1413.

459 F.2d 957 (1972)

CIVIC IMPROVEMENT COMMITTEE et al., Plaintiffs-Appellants, v. John A. VOLPE, Secretary of the United States Department of Transportation and the United States Department of Transportation, et al., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 15, 1972.

Attorney(s) appearing for the Case

George S. Daly, Jr., and Hugh G. Casey, Jr., Charlotte, N. C. (Casey & Daly, P.A., Charlotte, N. C., on brief), for appellants.

Charles R. Buckley, III, Charlotte, N. C. (Henry W. Underhill, Jr., Charlotte, N. C., on brief), for appellees.

Before CRAVEN and RUSSELL, Circuit Judges, and BLATT, District Judge.

PER CURIAM:

Since the issuance of the partial preliminary injunction pending appeal the United States Attorney has filed a memorandum in this court stating the Government's position to be that the Sharon Lane project in Charlotte is entirely a "State project, and is not to be approved or rejected by the Secretary of Transportation . . ., nor dependent upon `Federal supervision' . . ., nor subject to any question of compliance with Federal 'statutory and regulatory...

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