No. 73-1158.

484 F.2d 870 (1973)

The CITIZENS ENVIRONMENTAL COUNCIL et al., Plaintiffs-Appellants, v. John VOLPE, Secretary of Transportation, et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided September 19, 1973.

Attorney(s) appearing for the Case

William H. Pickett, Kansas City, Mo., for appellants.

Terrence L. O'Brien, Dept. of Justice, Washington, D. C. (Robert J. Roth, U. S. Atty., Topeka, Kan.; Wallace H. Johnson, Asst. Atty. Gen., Dept. of Justice, and Roger K. Weatherby, U. S. Atty., Topeka, Kan.; Edmund B. Clark and George R. Hyde, Dept. of Justice, Washington, D. C., on the brief), for appellees.

Donna Munn Heller, State Highway Commission of Kansas, Topeka, Kan. (James H. DeCoursey, Jr., and Paul W. Clark, State Highway Commission, Topeka, Kan., on the brief), for appellee State Highway Commission of Kansas.

Wright W. Crummett, Overland Park, Kan., for intervenor-appellee City of Overland Park, Kansas.

F. Philip Kirwan, Kansas City, Mo. (Gordon R. Gaebler and Blake A. Williamson, Kansas City, Mo., on the brief; of counsel: Margolin & Kirwan, Kansas City, Mo. and Williamson, Cubbison & Hardy, Kansas City, Kan.), for intervenor-appellees J. A. Tobin Construction Co.

Before LEWIS and BARRETT, Circuit Judges and SMITH, District Judge.

BARRETT, Circuit Judge.

The Citizens Environmental Council (CEC) brought this action to enjoin construction of a federally-assisted highway by-pass. The District Court granted a summary judgment in favor of the defendants-appellees. See The Citizens Environmental Council v. Volpe, 364 F.Supp. 286 (D.Kan.1973).

The State of Kansas plans to relocate 2.76 miles of U. S. Route 69, the Switzer By-Pass, in the cities of Overland...


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