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LA RAZA UNIDA OF SOUTHERN ALAMEDA COUNTY v. VOLPE

Nos. 72-1059, 72-1111.

488 F.2d 559 (1973)

LA RAZA UNIDA OF SOUTHERN ALAMEDA COUNTY, etc., et al., Appellees, v. John VOLPE, Secty. Transportation, etc., et al., Appellants.

United States Court of Appeals, Ninth Circuit.

November 29, 1973.

Attorney(s) appearing for the Case

James L. Browning, U.S. Atty., Donald M. Velasco, Dept. of Public Works, San Francisco, Cal., for appellants.

Mario Obledo, Mexican-American Legal Defense Fund, J. Anthony Kline (argued), Chief Counsel, San Francisco, Cal., for appellees.

Before CHAMBERS, HUFSTEDLER and SNEED, Circuit Judges.

OPINION

SNEED, Circuit Judge:

This is an appeal from an order granting the plaintiffs' motions for a preliminary injunction restraining the defendants including the California Highway Commission, from proceeding with State Project 238, a proposed highway of 14 miles that will pass through three California cities, Hayward, Union City, and Fremont. The purpose of the injunction is to secure compliance by the California Highway Commission with 42

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