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CLARK v. VOLPE

No. 73-1219.

481 F.2d 634 (1973)

Roy CLARK, d/b/a City Ambulance Service, and Kanawha Valley Ambulance Service, Inc., a corporation, in their own behalf, and in behalf of all ambulance operators and taxpayers similarly situated, Appellants, v. John VOLPE, Secretary, United States Department of Transportation et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 27, 1973.

Attorney(s) appearing for the Case

Stephen P. Meyer, Charleston, W. Va., on brief for appellants.

John A. Field, III, U. S. Atty., Robert B. King, Asst. U. S. Atty., Lawrence R. Schneider, Chief Counsel, Frank A. Berndt, Asst. Chief Counsel, Gary R. Allen and Enid Rubenstein, Attys., National Highway Traffic Safety Administration, Dept. of Transportation, Washington, D. C., on brief for appellee Volpe.

Chauncey H. Browning, Jr., Atty. Gen., William R. Wooton, Asst. Atty. Gen., on brief for appellee Coplin.

W. Warren Upton and Michael A. Albert, Sp. Municipal Counsel, Charleston, W. Va., on brief for appellee, City of Charleston, a Municipal Corp.

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

PER CURIAM:

Appellants sought to enjoin the use of federal funds by John Volpe, Secretary of Transportation, Richard W. Coplin, Director of the Governor's Highway Safety Administration of the State of West Virginia, and the city of Charleston, West Virginia. By virtue of the Highway Safety Act, 23 U.S.C. § 401 et seq., appellees had obtained funds to povide emergency ambulance service for Charleston and surrounding areas. Appellants alleged that the funds were...

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