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DALY v. VOLPE

Civ. A. No. 9490.

350 F.Supp. 252 (1972)

George and Mary DALY et al., Plaintiffs, v. John A. VOLPE, as Secretary of Transportation, et al., Defendants.

United States District Court, W. D. Washington, at Seattle.

On Rehearing August 4, 1972.

Attorney(s) appearing for the Case

Irving M. Clark, Jr., J. Richard Aramburu, Seattle, Wash., for plaintiffs.

Stan Pitkin, U. S. Atty., Albert E. Stephan, First Asst. U. S. Atty., Seattle, Wash., for Federal Defendants.

Thomas R. Garlington, Asst. Atty. Gen., Olympia, Wash., for State Defendants.

OPINION

BEEKS, Chief Judge.

Plaintiffs, individual residents and property owners in or near the proposed corridor of I-90, a federally funded interstate highway through the State of Washington, seek to enjoin its construction. They base their claim on essentially two grounds: First, that selection of the location of this corridor was arbitrary and capricious, and second, that defendants violated the provisions of certain federal statutes.

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