CONSERVATION COUNCIL OF NORTH CAROLINA et al., Appellants,
v.
Robert F. FROEHLKE, Secretary of the Army, et al., Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued February 7, 1973.
Decided February 8, 1973.
Attorney(s) appearing for the Case
Norman B. Smith, Greensboro, N. C. (Smith, Patterson, Follin & Curtix, Greensboro, N. C., Thomas Schoenbaum, Chapel Hill, N. C., University of North Carolina Law School; Roger W. Smith and Tharrington & Smith, Raleigh, N. C., on brief), for appellants.
Emery B. Denny, Jr., Durham, N. C., for Intervenors, City of Durham and Town of Chapel Hill; Larry G. Gutterridge, Atty., U. S. Dept. of Justice, Washington, D. C. (Kent Frizzell, Asst. Atty. Gen., William L. Osteen, U. S. Atty., Jacques B. Gelin, Atty., U. S. Dept. of Justice, Washington, D. C., on brief), for appellees.
Rudolph G. Singleton, Jr., Fayetteville, N. C., for intervenors, the City of Fayetteville, a municipal corporation, and Cumberland County, a political sub-division of the State of North Carolina, and others.
Before CRAVEN and RUSSELL, Circuit Judges, and HERBERT F. MURRAY, District Judge.
United States Court of Appeals, Fourth Circuit.
PER CURIAM:
The basic issue in this appeal from an order granting summary judgment for the defendants is whether the District Court had an obligation to review the merits of a substantive agency decision to determine if it is in accord with NEPA1 or whether the court discharges its proper function by merely determining that the agency has acted in a procedurally correct manner, i. e., on...
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