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SIERRA CLUB v. HICKEL

Nos. 71-1940, 71-1941.

467 F.2d 1048 (1972)

SIERRA CLUB and Citizens for Clean Air and Water, Plaintiffs-Appellants and Cross-Appellees, v. Walter J. HICKEL, individually and as Secretary of the Interior, et al., Defendants-Appellees and Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

September 22, 1972.

Attorney(s) appearing for the Case

Michael T. Honohan, Cleveland, Ohio, for plaintiffs-appellant; Benesch, Friedlander, Mendelson & Coplan, Jerome S. Kalur, Jamison, Ulrich, Burkhalter & Hesser, Cleveland, Ohio, Bruce J. Terris, Washington, D.C., Donald W. Large, University of Wis. School of Law, Madison, Wis., on briefs.

Carl Strass, Washington, D.C., and Wilson W. Snyder, Toledo, Ohio, for defendants-appellees; Shiro Kashiwa, Asst. Atty. Gen., Edmund B. Clark, Dept. of Justice, Washington, D.C., John Lansdale, Jr., George I. Meisel, Squire, Sanders & Dempsey, Cleveland, Ohio, Leslie Henry, Fuller, Henry, Hodge & Snyder, Toledo, Ohio, on brief.

Before WEICK and McCREE, Circuit Judges, and FEIKENS, District Judge.

WEICK, Circuit Judge.

Sierra Club and Citizens for Clean Air and Water filed their complaint in the District Court for declaratory judgment, restraining order and equitable relief in which they sought to nullify a completed exchange of lands between the Secretary of Interior and two public utility companies (Toledo Edison Company and Cleveland Electric Illuminating Co., C.E.I.), made two years previously, claiming that the exchange agreement was improper and unauthorized...

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