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LATHAN v. BRINEGAR

Nos. 72-2932, 72-2974.

506 F.2d 677 (1974)

Roosevelt LATHAN and Pearline Lathan et al., Plaintiffs, Citizens Against Freeways et al., Intervenor-Plaintiffs-Appellants, v. Claude S. BRINEGAR, Secretary of the United States Department of Transportation et al., Defendants-Appellees. Roosevelt LATHAN and Pearline Lathan et al., Plaintiffs-Appellees, v. Claude S. BRINEGAR, Secretary of the United States Department of Transportation, et al., Defendants, Washington State Highway Commission et al., Defendant-Appellants.

United States Court of Appeals, Ninth Circuit.

September 27, 1974.

Attorney(s) appearing for the Case

Roger M. Leed (argued), of Schrocter, Jackson, Goldmark Bender, P.S., Seattle, Wash., for appellants and cross-appellees.

Stephen F. Eilperin (argued), Civ. Div., U.S. Dept. of Justice, Washington, D.C., for appellees in 72-2932 and for appellants in 72-2974.

Thomas R. Garlington, Asst. Atty. Gen. (argued), Olympia, Wash., for appellants in 72-2974.

Before CHAMBERS, MERRILL, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE and SNEED, Circuit Judges.

OPINION

DUNIWAY, Circuit Judge:

We elected to hear these appeals, and the appeal in Keith v. California Highway Commission, 506 F.2d 696, which we also decide today, in banc, primarily to consider whether a new public hearing, under 28 U.S.C. § 128(a), must be held before further actions are taken to carry out the construction of two portions of interstate freeways.

The present case involves a new chapter in...

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