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CONSERVATION SOCIETY OF SOUTHERN VERMONT, INC. v. VOLPE

Civ. A. No. 6598.

343 F.Supp. 761 (1972)

The CONSERVATION SOCIETY OF SOUTHERN VERMONT, INC., et al. v. John A. VOLPE, Secretary of Transportation, et al.

United States District Court, D. Vermont.

June 2, 1972.

Attorney(s) appearing for the Case

Williams, Witten & Carter, Bennington, Vt. (Harvey D. Carter, Jr., and Jeffrey E. Silver, Bennington, Vt., on the brief), for plaintiffs.

Norman Cohen, Asst. U. S. Atty., Rutland, Vt., Andrew J. Dilk, U. S. Dept. of Transp., Washington, D. C. and Fletcher Krause, Regional Counsel, U. S. Dept. of Transp., Delmar, N. Y., for defendants Volpe and Kelley.

Richard M. Finn and Robert Schwartz, Asst. Attys. Gen., State of Vermont, Montpelier, Vt., for all remaining defendants.

FINDINGS OF FACT, OPINION AND ORDER

OAKES, Circuit Judge (Sitting by Designation).

The above matter came on for hearing on May 22, 24 and 25 on plaintiffs' application for preliminary injunctive relief. By consent of the parties and order of the court, pursuant to Fed.R.Civ. P. 65, the hearing was transposed into one on the merits, i. e., plaintiffs' application for permanent injunctive relief. Defendants waived any objection to

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