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CITIZENS FOR MASS TRANSIT AGAINST FREEWAYS v. BRINEGAR

Civ. No. 71-636.

357 F.Supp. 1269 (1973)

CITIZENS FOR MASS TRANSIT AGAINST FREEWAYS et al., Plaintiffs, v. Claude S. BRINEGAR, Secretary of the Department of Transportation, et al., Defendants.

United States District Court, D. Arizona.

April 5, 1973.

Attorney(s) appearing for the Case

Gary Peter Klahr, Flynn, Kimerer, Thinnes & Galbraith, Gerald F. Moore, Phoenix, Ariz., for plaintiffs.

Richard F. Burke, U. S. Atty., Moise Berger, Maricopa County Atty., Gary K. Nelson, Atty. Gen., Snell & Wilmer, Phoenix, Ariz., for intervenor Litchfield Park.

Joe R. Purcell, Phoenix City Atty., Stanley Z. Goodfarb and E. Dennis Siler, Asst. Atty. Gen., Phoenix, Ariz., for Ariz. Highway Dept. and Ariz. Highway Commission.

OPINION and ORDER

MUECKE, District Judge.

This is a suit to enjoin completion of a freeway. Plaintiff, Citizens for Mass Transit Against Freeways (CMTAF), is a non-profit unincorporated association with members residing exclusively in the greater metropolitan Phoenix area. Other specifically named plaintiffs have property along the proposed route of the freeway. Defendant Brinegar is the Secretary of Transportation. The Arizona Highway Department and Arizona...

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