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HOPEWELL TOWNSHIP CITIZENS I-95 COMMITTEE v. VOLPE

No. 72-1941.

482 F.2d 376 (1973)

HOPEWELL TOWNSHIP CITIZENS I-95 COMMITTEE et al., Appellants, v. John A. VOLPE, as Secretary of the United States Department of Transportation, et al., Appellees.

United States Court of Appeals, Third Circuit.

Decided July 2, 1973.

Attorney(s) appearing for the Case

Levy, Levy, Albert & Marcus, Trenton, N. J., David Sive, James A. Burke, Winer, Neuburger & Sive, New York City, for appellants.

Richard L. Rudin, Dept. of Transp., Trenton, N. J., Herbert J. Stern, U. S. Atty., Carl R. Woodward, III, Asst. U. S. Atty., Newark, N. J., George F. Kugler, Atty. Gen., Richard L. Rudin, and Daly D. E. Temchine, Deputy Attys. Gen., for appellees.

Before SEITZ, Chief Judge, and STALEY and HUNTER, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

This is an appeal from an order of the United States District Court for the District of New Jersey denying plaintiffs' application for a preliminary injunction and granting defendants' motion for summary judgment.

Plaintiffs are the Hopewell Township Citizens I-95 Committee ("Committee") and Lewis Terpening, Keith Robertson, Martin Katz and Win Straube, individually. They filed this action to...

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