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PENNSYLVANIA ENVIRONMENTAL COUNCIL, INC. v. BARTLETT

No. 19453.

454 F.2d 613 (1971)

PENNSYLVANIA ENVIRONMENTAL COUNCIL, INC., a Pennsylvania Corporation, et al., Appellants, v. Robert G. BARTLETT, individually and as Secretary of the Department of Highways of the Commonwealth of Pennsylvania, et al., appellees.

United States Court of Appeals, Third Circuit.

Decided December 1, 1971.

Attorney(s) appearing for the Case

Robert Broughton, Pittsburgh, Pa., for appellants.

Dennis M. O'Connell, Dept. of Justice, Washington, D. C., for Federal appellees.

Edward A. Hosey, Asst. Atty. Gen., Harrisburg, Pa., for appellee, Robert G. Bartlett.

ALDISERT, GIBBONS and ROSENN, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal from a final judgment denying a permanent injunction and dismissing the complaint. The plaintiff-appellants seek to enjoin a planned relocation of Pennsylvania Route 872 and to prevent the use of federal funds for the relocation project. Plaintiffs are the Pennsylvania Environmental Council, Inc., a Pennsylvania nonprofit corporation, the Allegheny Mountain Chapter of Trout Unlimited, an unincorporated...

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