IOWA CITIZENS FOR ENVIRONMENTAL QUALITY, INC. v. VOLPE

No. 73-1062.

487 F.2d 849 (1973)

IOWA CITIZENS FOR ENVIRONMENTAL QUALITY, INC., et al., Appellants, v. John A. VOLPE, as Secretary of Transportation, et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 26, 1973.


Attorney(s) appearing for the Case

Robert B. Scism, Des Moines, for appellants.

Lawrence E. Shearer, Atty., Dept. of Justice, Washington, D. C., for appellees.

Before VAN OOSTERHOUT, Senior Circuit Judge, and LAY and ROSS, Circuit Judges.


VAN OOSTERHOUT, Senior Circuit Judge.

This is a timely appeal by plaintiffs, an Iowa environmental organization, and eighteen individuals, from final order of the District Court dismissing their complaint seeking injunctive relief against the construction of a 21.4 mile diagonal segment of Interstate Highway I-35, designated by the Federal Highway Administration as I-35-6.1

Defendants are the Secretary of Transportation, officials...

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