SWAIN v. BRINEGAR

No. P-CIV-74-53.

378 F.Supp. 753 (1974)

Timothy W. SWAIN and Katherine A. Swain, Plaintiffs, v. Claude S. BRINEGAR, Individually and as Secretary of Transportation for the United States, Washington, D. C., et al., Defendants.

United States District Court, S. D. Illinois, N. D.

July 26, 1974.


Attorney(s) appearing for the Case

Mishael O. Gard and Timothy W. Swain (Swain, Johnson & Gard), Peoria, Ill., for plaintiffs.

Raymond L. Terrell, Special Asst. Atty. Gen., (Drach, Terrell & Deffenbaugh, P. C.), Springfield, Ill., Max J. Lipkin, Asst. U. S. Atty., Peoria, Ill., Victor M. Pilolla, Asst. U. S. Atty., Springfield, Ill., for defendants.


DECISION AND ORDER

ROBERT D. MORGAN, Chief Judge.

By this action, the plaintiffs seek to permanently enjoin the defendant Illinois and federal highway officials from taking further steps toward the acquisition of right-of-way or the construction of a proposed federal aid highway, designated as FAP 406. A temporary restraining order was entered by consent of the parties on June 3, 1974. On motion of the defendants, the hearing on the plaintiffs' application...

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