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CITY OF BURLINGTON v. TURNER

Nos. 72-1133, 72-1136.

471 F.2d 120 (1973)

The CITY OF BURLINGTON, an Iowa municipal corporation, Plaintiff-Appellee, v. Francis C. TURNER, as Administrator, Federal Highway Administration, et al., Defendants-Appellants. Lucy OLSON, et al., Intervenors-Appellants, v. The CITY OF BURLINGTON, an Iowa municipal corporation, Plaintiff-Appellee, v. Francis C. TURNER, as Administrator, Federal Highway Administration, et al., Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 2, 1973.

Attorney(s) appearing for the Case

Thomas G. Wilson, Atty., Dept. of Justice, Washington, D. C., for defendants-appellants.

Robert E. Stine, Springfield, Ill., for plaintiff-appellee.

Donald H. Sitz, Davenport, Iowa, for amicus curiae.

Before LARAMORE, United States Court of Claims Senior Judge, and BRIGHT and ROSS, Circuit Judges.

ROSS, Circuit Judge.

The City of Burlington, Iowa (Burlington) brought this action for a declaratory judgment and injunctive relief to challenge a determination by the Administrator of the Federal Highway Administration (Administrator) relating to tolls to be charged for the use of the MacArthur Bridge, which connects Iowa and Illinois at Burlington. The trial court determined that the opinions and orders of the Administrator relating to the standards to be followed...

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