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CITIZENS COMMITTEE FOR HUDSON VALLEY v. VOLPE

Nos. 69 Civ. 295, 354, 305 and 448.

297 F.Supp. 809 (1969)

CITIZENS COMMITTEE FOR the HUDSON VALLEY and Sierra Club, Plaintiffs, v. John VOLPE, individually and as Secretary of Transportation of the United States, Stanley S. Resor, individually and as Secretary of the Army of the United States, and William F. Cassidy, individually and as Chief Engineers, Corps of Engineers of the U. S. Army, Defendants. VILLAGE OF TARRYTOWN, NEW YORK, Plaintiff, v. John VOLPE, individually and as Secretary of Transportation of the United States, Walter F. Hickel, individually and as Secretary of the Interior of the United States, Stanley S. Resor, individually and as Secretary of the Army of the United States, and William F. Cassidy, individually and as Chief of Engineers, Corps of Engineers of the U. S. Army, Defendants. CITIZENS COMMITTEE FOR the HUDSON VALLEY and Sierra Club, Plaintiffs, v. J. Burch McMORRAN, individually and as Commissioner of the Department of Transportation of the State of New York, Defendants. VILLAGE OF TARRYTOWN, NEW YORK, Plaintiff, v. J. Burch McMORRAN, individually and as Commissioner of the Department of Transportation of the State of New York, Defendants.

United States District Court S. D. New York.

April 3, 1969.

Attorney(s) appearing for the Case

Winer, Neuburger & Sive, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., by Joel H. Sachs, Mark T. Walsh, New York City, of counsel, for defendants.

OPINION

EDELSTEIN, District Judge.

These four consolidated actions all challenge the construction of the proposed Hudson River Expressway. In a previous opinion, 297 F.Supp. 804, this court denied the plaintiffs' motion for a preliminary injunction enjoining the Army Corps of Engineers from delivering to the Department of Transportation of the State of New York the permit which would allow construction of the road to...

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