TOWN OF NEW WINDSOR v. RONAN

Nos. 866, 867, Dockets 73-1442, 73-1472.

481 F.2d 450 (1973)

TOWN OF NEW WINDSOR et al., Plaintiffs-Appellees, v. William J. RONAN et al., Defendants-Appellants. METROPOLITAN TRANSPORTATION AUTHORITY et al., Defendants-Appellants, v. John A. VOLPE, United States Secretary of Transportation, and John H. Shaffer, Administrator of the Federal Aviation Administration, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 28, 1973.


Attorney(s) appearing for the Case

John R. Hupper, New York City (Cravath, Swaine & Moore, and Norman J. Itzkoff, New York City, of counsel), for defendants-appellants Metropolitan Transp. Authority and the members thereof.

Daniel M. Cohen, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., of N. Y., of counsel), for defendants-appellants Theodore W. Parker, Richard Dunham, and Arthur Levitt.

David Sive, New York City (Winer, Neuburger & Sive, and John S. Stillman, New York City, of counsel), for plaintiffs-appellees Town of New Windsor and others.

Daniel Riesel, Asst. U. S. Atty., New York City (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., and Daniel H. Murphy, II, Asst. U. S. Atty., New York City, of counsel), for defendants-appellees John A. Volpe and John H. Shaffer.

Counties of Orange, New York and Dutchess, New York, by Peter G. Striphas, Atty., County of Orange, Goshen, N. Y., and John M. Kennedy, Atty., County of Dutchess, Poughkeepsie, N. Y., as amici curiae.

Before MOORE, FRIENDLY and FEINBERG, Circuit Judges.


MOORE, Circuit Judge:

I.

Defendant-appellant New York State Metropolitan Transportation Authority and the individual members thereof,1 both as members and individually (hereinafter, "MTA"), appeal from a judgment of the United States District Court for the Southern District of New York, Sylvester J. Ryan, Judge, entered on February 14, 1973, as subsequently amended on March 8, 1973. This judgment, inter alia, granted...

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