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SOUTH DAKOTA v. VOLPE

Civ. No. 72-4024.

353 F.Supp. 335 (1973)

State of SOUTH DAKOTA, Plaintiff, v. John A. VOLPE, Secretary of the Department of Transportation, United States of America, Washington, D. C., Defendant.

United States District Court, D. South Dakota, S. D.

January 23, 1973.

Attorney(s) appearing for the Case

Lyle J. Wirt and Michael F. Pieplow, Sp. Asst. Attys. Gen., Sioux Falls, S. D., for plaintiff.

William F. Clayton, U. S. Dist. Atty., District of S. D., R. D. Hurd, Asst. U. S. Atty., Sioux Falls, S. D., Peter J. P. Brickfield, Dept. of Justice, Washington, D. C., and Gregory Wolfe, Dept. of Transportation, Washington, D. C., for defendant.

Ronald G. Schmidt, Pierre, S. D., appeared amicus curiae.

MEMORANDUM DECISION

NICHOL, Chief Judge.

In this action the State of South Dakota (hereinafter "the State") seeks, inter alia, an order from this court directing the Secretary of the Department of Transportation (hereinafter "the Secretary") to pay to South Dakota the withheld portion of the Federal-Aid Highway Funds for fiscal year 1973 in the amount of $3,361,546.60. This sum represents a ten per cent...

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