CITIZENS COMMITTEE FOR the HUDSON VALLEY, The Sierra Club and the Village of Tarrytown, New York, Plaintiffs-Appellees,
v.
John VOLPE, Individually and as Secretary of Transportation of the United States, Walter J. 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-Appellants,
J. Burch McMorran, Individually and as Commissioner of the Department of Transportation of the State of New York, Intervenor-Appellant.
CITIZENS COMMITTEE FOR the HUDSON VALLEY, The Sierra Club and the Village of Tarrytown, New York, Plaintiffs-Appellants,
v.
J. Burch McMORRAN, Individually and as Commissioner of the Department of Transportation of the State of New York, Defendant-Appellee.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued December 8, 1969.
Decided April 16, 1970.
Attorney(s) appearing for the Case
David Sive, New York City (Alfred S. Forsyth, Sigmund Anderman and David Perlmutter, Winer, Neuburger & Sive, New York City, of counsel), for plaintiffs-appellees-appellants Citizens Committee, Sierra Club and Village of Tarrytown.
Robert S. Lynch, Atty., Department of Justice, Washington, D. C. (Shiro Kashiwa, Asst. Atty. Gen., and Edmund B. Clark, Atty., Department of Justice, Washington, D. C., Robert M. Morgenthau, U. S. Atty. for Southern District of New York, New York City, and Peter R. DeFilippi, Asst. U. S. Atty., New York City, of counsel), for appellants Volpe et al.
Joel H. Sachs, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., of the State of New York, Albany, N. Y., and Mark T. Walsh, Asst. Atty. Gen., and Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for intervenor-appellant-appellee-McMorran.
The Wilderness Society, represented by Marshall, Bratter, Greene, Allison & Tucker, New York City, James Marshall and Henry Winestine, New York City, of counsel, amicus curiae.
The National Parks Association, represented by David E. Birenbaum, Washington, D. C., Strasser, Spiegelberg, Fried, Frank & Kampelman, Washington, D. C., of counsel, amici curiae.
Before MOORE and KAUFMAN, Circuit Judges, and RYAN, District Judge.
United States Court of Appeals, Second Circuit.
MOORE, Circuit Judge:
The present appeal is a consolidation, ordered by this Court on October 27, 1969, of several separate appeals taken from a final order and judgment entered by the district court on July 25, 1969. Trial and judgment below in turn followed a consolidation of four separate actions brought by the various plaintiffs against the various defendants here on appeal. The opinion of the district court, setting out the facts, the various claims and Judge...
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