LA RAZA UNIDA v. VOLPE

No. C-71 1166.

337 F.Supp. 221 (1971)

LA RAZA UNIDA et al., Plaintiffs, v. John A. VOLPE et al., Defendants.

United States District Court, N. D. California.

November 9, 1971.


Attorney(s) appearing for the Case

Mario Obledo, Miguel Angel Mendez, Mexican-American Legal Defense and Educational Fund, San Francisco, Cal., Vernon W. Salvador, Roberto Gonzalez, Stephen Ronfeldt, Legal Aid Society of Alameda County, Oakland, Cal., Gilbert Martinez Dorame, Centro Legal de La Raza, Healdsburg, Cal., J. Anthony Kline, Public Advocate, Inc., San Francisco, Cal., Stephen P. Berzon, National Housing and Economic Development Law Project, Earl Warren Legal Institute, Berkeley, Cal., Phil S. Berry, Oakland, Cal., R. Frederic Fisher, San Francisco, Cal., for plaintiffs.

Donald M. Velasco, Robert R. Buell, Norval Fairman, San Francisco, Cal., for California Highway Comm., California Dept. of Public Works, J. A. Legarra, Chief Highway Engineer, State of California.

John W. Scanlon, City Atty., Hayward, Cal., for Leo Howell, Mayor of the City of Hayward, Cal., R. E. Doran, City Manager of City of Hayward.

Asst. U. S. Atty., Frances D. Boone, San Francisco, Cal., for John A. Volpe, Secretary of Transportation for United States, Donald E. Trull, Fed. Div. of Engineering, Dept. of Transportation.


MEMORANDUM AND ORDER

PECKHAM, District Judge.

I. Facts

This is a class action complaint for declaratory and injunctive relief in regard to State Project 238, a proposed highway of 14 miles that will pass through Hayward, Union City, and Fremont.

The system of roads involved here is the federal-aid primary highway system. (There are four federal-aid systems, the other three being interstate, urban, and secondary.) California normally receives...

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