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CITIZENS ENVIRONMENTAL COUNCIL v. VOLPE

Civ. A. No. T-5057.

364 F.Supp. 286 (1973)

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

United States District Court, D. Kansas.

January 3, 1973.

Attorney(s) appearing for the Case

Keith K. Couch, Overland Park, Kan., David Culp, Lawrence, Kan., William H. Tickett, Kansas City, Mo., for plaintiffs.

Robert Roth, U. S. Atty., Roger K. Weatherby, Asst. U. S. Atty., Topeka, Kan., James H. DeCoursey, Chief Atty., Paul W. Clark, Atty., State Highway Dept., State of Kan., Wright W. Crummett, City Atty., Overland Park, Kan., Ronald Baxter, Topeka, Kan., for defendants.

MEMORANDUM OF DECISION

TEMPLAR, District Judge.

This action was instituted allegedly as a class action by Complaint filed November 23, 1971, in which plaintiffs seek a preliminary and permanent injunction restraining the construction of a relocation of approximately 2.7 miles of U.S. Route 69 in the cities of Overland Park and Lenexa in Johnson County, Kansas. This portion of the relocation is referred to by the parties as the "North leg" of the Switzer...

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