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BUSINESSMEN AFFECTED, ETC. v. DISTRICT OF COLUMBIA R. L. A.

No. 71-1001.

442 F.2d 883 (1971)

BUSINESSMEN AFFECTED BY the SECOND YEAR ACTION PLAN (BASYAP), Appellants, v. DISTRICT OF COLUMBIA REDEVELOPMENT LAND AGENCY et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 25, 1971.

Attorney(s) appearing for the Case

Mr. Nicholas A. Addams, Washington, D. C., with whom Mr. David A. Sutherland, Washington, D. C., was on the brief, for appellants.

Mr. Raymond N. Zagone, Atty., Department of Justice, with whom Messrs. Thomas A. Flannery, U. S. Atty., Nathan Dodell, Asst. U. S. Atty., and Edmund B. Clark, Atty., Department of Justice, were on the brief, for federal appellees.

Messrs. C. Francis Murphy, Acting Corporation Counsel for the District of Columbia, and Richard W. Barton and Ted D. Kuemmerling, Asst. Corporation Counsel, were on the brief for appellee District of Columbia Redevelopment Land Agency.

Mr. Kenneth L. Penegar, Washington, D. C., entered an appearance for appellee National Capitol Downtown Committee.

Before BAZELON, Chief Judge, and WRIGHT and TAMM, Circuit Judges.

PER CURIAM:

Appellants BASYAP sought to restrain appellee District of Columbia Redevelopment Land Agency from proceeding with the Downtown Portion of the Second Year Action Plan of the District of Columbia Neighborhood Development Program. On December 29, 1970, the District Court, after hearings, denied a preliminary injunction. An appeal was taken and on January 4, 1971, we stayed any and all land acquisitions by DCRLA under the challenged program. On January 12...

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