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UPPER PECOS ASSOCIATION v. STANS

No. 71-1411.

452 F.2d 1233 (1971)

UPPER PECOS ASSOCIATION, a New Mexico non-profit corporation, individually and on behalf of its members, Plaintiff-Appellant, v. Maurice H. STANS, individually and as Secretary of Commerce of the United States, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

December 7, 1971.

Attorney(s) appearing for the Case

James B. Alley, Jr., Santa Fe, N. M., for appellant.

Peter R. Steenland, Atty., Department of Justice, Washington, D. C. (Shiro Kashiwa, Asst. Atty. Gen., Victor R. Ortega, U. S. Atty., Mark B. Thompson, III, Asst. U. S. Atty., Albuquerque, N. M., Edmund B. Clark and George R. Hyde, Attys., Department of Justice, Washington, D. C., on the brief), for appellees.

Before PHILLIPS, MURRAH and HILL, Circuit Judges.

HILL, Circuit Judge.

Appellant instituted this action in the United States District Court for the District of New Mexico on January 25, 1971, challenging the legality of a grant made by appellees through the Economic Development Administration of the Department of Commerce (the E.D.A.) equal to 80% of the estimated cost of constructing a road in the Elk Mountain area of San Miguel County, New Mexico. A declaratory judgment...

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