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WILDLIFE PRESERVES, INC. v. VOLPE

No. 19222.

443 F.2d 1273 (1971)

WILDLIFE PRESERVES, INC., Appellant, et al. v. John A. VOLPE, Secretary U. S. Department of Transportation.

United States Court of Appeals, Third Circuit.

Decided June 7, 1971.

Attorney(s) appearing for the Case

Edwin C. Landis, Jr., Meyner & Wiley, Newark, N. J. (Eileen M. Cornell, Morristown, N. J., on the brief), for Wildlife Preserves, Inc.

Raymond W. Young, Asst. U. S. Atty., Newark, N. J. (Frederick B. Lacey, U. S. Atty., Newark, N. J., on the brief), for John A. Volpe, Secretary of Transportation.

Aaron Dines, Morristown, N. J. (Donald G. Collester, Jr., Morristown, N. J., on the brief), for County of Morris, Thomas Koclas, Norman Griffiths, John Korn, Henry Sperling and John Vreeland.

David A. Biederman, Deputy Atty. Gen., Trenton, N. J. (George F. Kugler, Jr., Atty. Gen., Stephen Skillman, Asst. Atty. Gen., Trenton, N. J., on the brief), for John C. Kohl.

Before GANEY, VAN DUSEN and GIBBONS, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

Plaintiff, a non-profit New Jersey corporation dedicated to the preservation of wildlife and waterfowl areas, appeals from an order of the district court granting the defendants' motion for summary judgment. The complaint seeks temporary and permanent injunctive relief against the Secretary of the United States Department of Transportation, the Commissioner of the New Jersey Department of Transportation and other...

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