LAMM v. VOLPE

No. 71-1131.

449 F.2d 1202 (1971)

Richard D. LAMM, individually and as a citizen and taxpayer of the State of Colorado and the United States and as a duly elected representative of the House of Representatives of the State of Colorado, and on behalf of all those similarly situated, Plaintiff-Appellant, v. John S. VOLPE, Secretary of Transportation, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 27, 1971.


Attorney(s) appearing for the Case

W. Allen Spurgeon, Asst. U. S. Atty. (argued), Denver, Colo. (James L. Treece, U. S. Atty., Denver, Colo., with him on the brief), for defendants-appellees.

Richard D. Lamm, pro se (Howard B. Gelt, Denver, Colo., with him on the brief), for plaintiff-appellant.

Before BREITENSTEIN, HILL and BARRETT, Circuit Judges.


BARRETT, Circuit Judge.

Lamm, individually as a citizen and taxpayer of the State of Colorado and of the United States, and as a member of the Colorado Legislature, appeals from a summary judgment granted by the district court in favor of the defendants-appellees. Lamm seeks a declaratory judgment that 23 U.S.C. § 131 is an usurpation of the police power reserved to the State of Colorado in that it is violative of the...

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