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PIZITZ, INC. v. VOLPE

No. 72-1995.

467 F.2d 208 (1972)

PIZITZ, INC., d/b/a Pizitz, et al., Plaintiffs-Appellants, v. John A. VOLPE, in his representative capacity as Secretary of the United States Department of Transportation, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Amended October 20, 1972.

Attorney(s) appearing for the Case

Dieter J. Schrader, Huntsville, Ala., for plaintiffs-appellants.

Lucian L. Smith, Jr., Legal Counsel, Ala. State Highway Dept., Ira DeMent, U.S. Atty., Kenneth E. Vines, Asst. U.S. Atty., Montgomery, Ala., for defendants-appellees.

Before TUTTLE, COLEMAN and CLARK, Circuit Judges.

PER CURIAM:

This is an appeal from the refusal of the district court to enjoin substantial construction changes in an express highway artery at Huntsville, Alabama, on the alleged ground that the changes were being made without compliance with the applicable federal environmental statutes.

The weakness of the plaintiffs-appellants' case is that the work that was in process was a part of an approved design which, when it was approved, met all requirements....

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