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CITIZENS TO PRESERVE FOSTER PARK v. VOLPE

No. 71-1811.

466 F.2d 991 (1972)

CITIZENS TO PRESERVE FOSTER PARK et al., Plaintiffs-Appellants, v. John A. VOLPE, Secretary, Department Of Transportation, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 31, 1972.

Attorney(s) appearing for the Case

Frank A. Webster, Richard C. Ver Wiebe, Fort Wayne, Ind., for plaintiffs-appellants.

William C. Lee, U. S. Atty., John R. Wilks, Asst. U. S. Atty., Fort Wayne, Ind., for defendant-appellee.

Before HASTINGS, Senior Circuit Judge, KILEY, Circuit Judge and CAMPBELL, Senior District Judge.

PER CURIAM.

This is an action in which the plaintiff sought to enjoin the defendant, Secretary of Transportation, from taking further federal action, including the further disbursement of federal funds, in connection with the construction of an expressway in Fort Wayne, Indiana. The complaint charged that the defendant had failed to comply with the requirements of the National Environmental Policy Act of 1969, 42 U.S.C. § 4321 et seq., that he had violated &...

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