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FAYETTEVILLE AREA CHAMBER OF COM. & INT. 95 COM. v. VOLPE

No. 71-2190.

463 F.2d 402 (1972)

FAYETTEVILLE AREA CHAMBER OF COMMERCE AND INTERSTATE 95 COMMITTEE, Appellants, v. John A. VOLPE, individually and as Secretary of Transportation, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided July 24, 1972.

Attorney(s) appearing for the Case

Joseph O. Tally, Jr., Fayetteville, N. C. (Tally, Tally & Bouknight, Fayetteville, N. C., and Morris Chertkov, and Rowley & Scott, Washington, D. C., on brief), for appellants.

John R. Whitty, Asst. U. S. Atty., (Warren H. Coolidge, U. S. Atty., on brief), for appellees.

Before BOREMAN and BRYAN, Senior Circuit Judges, and WINTER, Circuit Judge.

BOREMAN, Senior Circuit Judge:

The Fayetteville Area Chamber of Commerce and the Interstate 95 Committee brought this action under § 10 of the Administrative Procedure Act, 80 Stat. 392, 5 U.S.C. § 702, asking the district court to review and set aside the defendants' selection and approval of a bypass location of Federal Interstate Highway Route 95 (hereafter "Interstate 95") around Fayetteville, North Carolina. However, the district court granted defendants...

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