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NATIONAL FOREST PRESERVATION GROUP v. VOLPE

No. 2152.

352 F.Supp. 123 (1972)

NATIONAL FOREST PRESERVATION GROUP, a Montana non-profit corporation, et al., Plaintiffs, v. John VOLPE, Individually and as Secretary of Transportation, F. C. Turner, Individually and as Federal Highway Administrator, Defendants.

United States District Court, D. Montana, Butte Division.

December 11, 1972.

Attorney(s) appearing for the Case

James H. Goetz, Bozeman, Mont., for plaintiffs.

Otis L. Packwood, U. S. Atty., Billings, Mont., Roy E. Murray, Jr., Asst. U. S. Atty., Butte, Mont., and Irwin L. Schroeder, Atty., Department of Justice, Washington, D. C., for defendants.

SUMMARY JUDGMENT

WILLIAM D. MURRAY, Senior District Judge.

This case is before the court on cross motions for summary judgment. The defendants have supported their motion with affidavits which have not been contradicted by the plaintiffs and there is no material fact upon which the parties disagree. Inasmuch as the plaintiffs have supplied memorandum which considers only two of the claims in the complaint, under Rule 7 of this court the defendants' motion...

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