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TRIANGLE IMPROVEMENT COUNCIL v. RITCHIE

No. 14033.

429 F.2d 423 (1970)

TRIANGLE IMPROVEMENT COUNCIL et al., Plaintiffs-Appellants, v. William S. RITCHIE, Commissioner, State Road Commission of the State of West Virginia, et al., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 14, 1970.

Rehearing Denied and Rehearing Denied July 14, 1970.

Attorney(s) appearing for the Case

Michael Davidson, New York City (Jack Greenberg, New York City, John Boettner, Jr., A. Andrew MacQueen, III, Charleston, W.Va., Thomas J. O'Sullivan, New Haven, Conn., Peter M. Collins, Burlington, Vt., and Steve Young, New York City, on the brief), for appellants.

Walter H. Fleischer, Atty., Department of Justice (William D. Ruckelshaus, Asst. Atty. Gen., Alan S. Rosenthal, Atty., Department of Justice, Wade H. Ballard, U. S. Atty., L. Alvin Hunt, Stanley E. Preiser and Preiser, Greene, Hunt & Wilson, Charleston, W. Va., on the brief), for appellees.

Before BRYAN and CRAVEN, Circuit Judges, and JONES, District Judge.

Rehearing Denied and Rehearing En Banc Denied July 14, 1970.

PER CURIAM:

We affirm on the opinion of the district court, 314 F.Supp. 20 (S.D.W.Va. July 2, 1969).

Affirmed.

ORDER DENYING MOTION FOR RECONSIDERATION

PER CURIAM.

Upon consideration of the motion filed by the plaintiffs-appellants, Triangle Improvement Council, et al., for reconsideration of the opinion of this court announced...

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