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STATE HIGHWAY COMMISSION OF MISSOURI v. VOLPE

No. 72-1512.

479 F.2d 1099 (1973)

The STATE HIGHWAY COMMISSION OF MISSOURI, Appellee, v. John A. VOLPE, Secretary of Transportation of the United States, and Casper W. Weinberger, Director of the Office of Management and Budget of the United States, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided April 2, 1973.

Rehearing and Rehearing Denied May 18, 1973.

Attorney(s) appearing for the Case

William Appler, Atty., Dept. of Justice, Washington, D. C., for appellants.

Robert Hyder, Jefferson City, Mo., for appellee.

Alan B. Morrison, Washington, D. C., for amicus (Senator Ervin).

Before LAY, HEANEY and STEPHENSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 18, 1973.

LAY, Circuit Judge.

The legal issue before us is whether the Secretary of Transportation may defer authority to obligate highway funds previously apportioned to the State of Missouri under the Federal-Aid Highway Act of 19562 when the reasons given for the deferment by the Secretary and the Director of the Budget are the status of the economy and the need to control inflationary...

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