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HANLY v. KLEINDIENST

No. 357, Docket 72-1959.

471 F.2d 823 (1972)

Denis HANLY et al., Plaintiffs-Appellants, v. Richard G. KLEINDIENST, as Attorney General of the United States, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 5, 1972.

Attorney(s) appearing for the Case

Alfred S. Julien, New York City (Julien, Glaser, Blitz & Schlesinger, Jesse A. Epstein, New York City, of counsel), for plaintiffs-appellants.

Milton Sherman, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., T. Gorman Reilly, Asst. U. S. Atty., New York City, of counsel), for defendants-appellees.

Before FRIENDLY, Chief Judge, and MANSFIELD and TIMBERS, Circuit Judges.

MANSFIELD, Circuit Judge:

This case, which presents serious questions as to the interpretation of the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4331 et seq.1 ("NEPA"), the language of which has been characterized as "opaque"2 and "woefully ambiguous,"3 is here on appeal for the second time. Following the district court's denial for the second time of a preliminary...

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