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CITIZENS ORGANIZED TO DEFEND ENVIRONMENT, INC. v. VOLPE

Civ. A. No. 72-289.

353 F.Supp. 520 (1972)

CITIZENS ORGANIZED TO DEFEND the ENVIRONMENT, INC., et al., Plaintiffs, v. John VOLPE et al., Defendants.

United States District Court, S. D. Ohio, E. D.

December 15, 1972.

Attorney(s) appearing for the Case

Joel E. Thomas, Isaac and Isaac, Columbus, Ohio, for plaintiffs.

William Milligan, U. S. Atty., and Gary Brinsfield, Asst. U. S. Atty., for defendants Volpe and Leathers.

William Brown, Atty. Gen. of Ohio, Donald Guitar, Asst. Atty. Gen., for defendants Gilligan and Richley.

Thomas P. Mulligan, Jones, Day, Cockley & Reavis, Cleveland, Ohio, for defendant Consolidated Coal Co.

Herbert Brown, Vorys, Sater, Seymour & Pease, Columbus, Ohio, for defendant Consolidated Coal Co.

OPINION AND ORDER

KINNEARY, District Judge.

This is an action under the Federal-Aid Highway Act [hereinafter Highway Act], 23 U.S.C. § 101 et seq., and under the National Environmental Policy Act [hereinafter NEPA], 42 U.S.C. § 4331 et seq., to review decisions of the Secretary of the United States Department of Transportation concerning the construction of an interstate highway in Belmont County, Ohio and the proposed crossing of the highway by...

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