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LATHAN v. VOLPE

No. 71-1149.

455 F.2d 1111 (1971)

Roosevelt LATHAN and Pearline Lathan, his wife, et al., Plaintiffs-Appellants, v. John A. VOLPE, as Secretary of the United States Department of Transportation, et al., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied February 8, 1972.

Attorney(s) appearing for the Case

J. Anthony Kline (argued), Berkeley, Cal., Michael J. Fox, John Gant, Hall Baetz, Peter E. Paget, of Schweppe, Doolittle, King & Tausend, Roger M. Leed, of Schroeter, Jackson, Goldmark & Bender, Seattle, Wash., for plaintiffs-appellants.

Thomas R. Garlington, Asst. Atty. Gen. (argued), Slade Gorton, Atty. Gen., Tumwater, Wash., Walter Fleischer (argued), Robert E. Kopp, Ronald R. Glacz, Dept. of Justice, Washington, D. C., Stan Pitkin, U. S. Atty., Albert E. Stephen, Asst. U. S. Atty., Seattle, Wash., for defendant-appellee.

Before JERTBERG, DUNIWAY and CHOY, Circuit Judges.

DUNIWAY, Circuit Judge:

Plaintiffs, residents of a section of downtown Seattle through which a proposed interstate highway is to be built, seek to halt all further acquisitions of property by state highway officials until certain statutory, administrative, and constitutional requirements are met. Defendants are the Secretary of Transportation and various federal and state highway administrators. Plaintiffs appeal from denial of their motion for a

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