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PROETTA v. DENT

No. 357, Docket 73-2329.

484 F.2d 1146 (1973)

Adele PROETTA et al., Plaintiffs-Appellants, v. Frederick B. DENT, as Secretary of Commerce, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 19, 1973.

Attorney(s) appearing for the Case

Peter P. Smith, III, New York City, and Thomas A. Bruno, Staten Island, N. Y., for plaintiffs-appellants.

Sanford I. Freedman, New York City, for New York City appellees.

Joseph F. Seminara, New York City, for appellee S & S Corrugated Machinery Co., Inc.

George Weller, for federal appellees.

Before SMITH, MULLIGAN and OAKES, Circuit Judges.

OAKES, Circuit Judge:

In this, another National Environmental Policy Act (NEPA) case, appellants seek reversal of an order of the District Court entered September 13, 1973, denying their application made on September 5, 1973 for a preliminary injunction restraining appellees from "proceeding with any phase of the project for the expansion" of S & S Corrugated Paper Machinery Co., Inc. ("S & S"). The present phase of the project is the clearing of the site...

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