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CONCERNED CITIZENS OF MARLBORO v. VOLPE

No. 72-1012.

459 F.2d 332 (1972)

CONCERNED CITIZENS OF MARLBORO et al., Appellants, v. John VOLPE, individually and in his official capacity as Secretary of Transportation of the United States, et al.

United States Court of Appeals, Third Circuit.

Decided April 28, 1972.

Attorney(s) appearing for the Case

Paula Roberts, Ball, Broege, & Fogel, Newark, N. J., for appellants.

Alfred L. Nardelli, Deputy Atty. Gen., Trenton, N. J., for appellee Kohl.

Richard W. Hill, Asst. U.S. Atty., Newark, N. J., for appellee Volpe.

Theodore W. Geiser, Hughes, McElroy, Connell, Foley & Geiser, Newark, N. J., for appellees Hess Bros., and others.

Before SEITZ, Chief Judge, and ADAMS and HUNTER, Circuit Judges.

OPINION OF THE COURT

SEITZ, Chief Judge.

This is an appeal from an order of the district court denying plaintiffs' application for injunctive relief and dismissing their complaint.

Plaintiffs are Concerned Citizens of Marlboro, Inc. and Sylvia Lauer and Arnold Katz, individually. They filed this action to enjoin defendants John Volpe, United States Secretary of Transportation, and John Kohl, Secretary of Transportation, for the State of New Jersey...

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