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PENNSYLVANIA ENVIRONMENTAL COUNCIL INC. v. BARTLETT

No. 70-123 Civ.

315 F.Supp. 238 (1970)

PENNSYLVANIA ENVIRONMENTAL COUNCIL, INC., a Pennsylvania Corporation, the Allegheny Mountain Chapter of Trout Unlimited, an unincorporated association, Colson E. Blakeslee, Marion E. Brooks, Robert L. Kolek, Bertil L. Anderson, and Joseph H. Fritz, Plaintiffs, v. Robert G. BARTLETT, individually and as Secretary of the Department of Highways of the Commonwealth of Pennsylvania, John Volpe, individually and as Secretary of Transportation of the United States, Central Pennsylvania Quarry, Stripping and Construction Co., Stabler Construction Co., and Reed and Kuhn, Inc., Defendants.

United States District Court, M. D. Pennsylvania.

April 30, 1970.

Attorney(s) appearing for the Case

Killian, Gephart & Snyder, Harrisburg, Pa., Robert Broughton, Meyer, Unkovic & Scott, Pittsburgh, Pa., for plaintiffs.

Robert W. Cunliffe, Lansford, Pa., Edward Hosey, Plymouth, Pa., for Pennsylvania Dept. of Highways.

Francis J. Locke, Regional Counsel, Region 2, Baltimore, Md., for John Volpe, individually and as Secretary of Transportation.

S. John Cottone, U. S. Atty., Scranton, Pa., for the United States.

J. Thomas Menaker, McNees, Wallace & Nurick, Harrisburg, Pa., for Central Pennsylvania Quarry, Stripping and Construction Co., Stabler Construction Co. and Reed and Kuhn, Inc.

OPINION

NEALON, District Judge.

In this action, plaintiffs seek to enjoin defendants from proceeding further with the planned relocation of Pennsylvania Route 872 and from approving, granting or using any Federal funds for this project and, further, to order the defendant, Robert G. Bartlett, Pennsylvania Secretary of Highways, to upgrade and repair the existing roadbed of Route 872.1 Plaintiffs are the Pennsylvania Environmental...

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