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NOLOP v. VOLPE

Civ. No. 71-79S.

333 F.Supp. 1364 (1971)

Bruce NOLOP, President of the University of South Dakota Student Association, an unincorporated association, on his behalf and on behalf of all other members of the Association; and Peter Kolbeck, individually, a citizen, and as Chairman of the Student Ecology Committee of the University of South Dakota Student Association, an unincorporated association, Plaintiffs, v. John VOLPE, individually and as Secretary of Transportation, Washington, D. C., et al., Defendants.

United States District Court, D. South Dakota, S. D.

November 11, 1971.

Attorney(s) appearing for the Case

Lee McCahren, Vermillion, S. D., for plaintiffs.

R. D. Hurd, Asst. U. S. Atty., for defendants Volpe, Kemp and Bue.

Carl W. Quist and Larry M. Von Wald, Asst. Attys. Gen., Pierre, S. D., for defendants Allmon, Feinstein, Stenson, Delzer and Kneip.

Martin Weeks, Vermillion, S. D., for intervenor defendant City of Vermillion.

MEMORANDUM DECISION

NICHOL, Chief Judge.

The plaintiffs bring this suit as a class under Rule 23 of the Federal Rules of Civil Procedure on behalf of their fellow students.1 Jurisdiction is based on 28 U.S.C.A. Sec. 1331(a) with a federal question arising out of the applicability of 42 U.S.C.A. Secs. 4321-4347. This being a suit for injunction the court finds the amount in controversy...

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