KEITH v. CALIFORNIA HIGHWAY COMMISSION

No. 72-3072.

506 F.2d 696 (1974)

Ralph W. KEITH and Esther May Keith, husband and wife, et al., Plaintiffs-Appellees, v. CALIFORNIA HIGHWAY COMMISSION et al., Defendants-Appellants. Ralph W. KEITH and Esther May Keith, husband and wife, et al., Plaintiffs-Appellees, v. Claude S. BRINEGAR, as Secretary of Transportation, et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Certiorari Denied January 27, 1975.


Attorney(s) appearing for the Case

Robert V. Cohune (argued), Los Angeles, Cal., Joseph A. Montoya (argued), Dept. of Public Works, Legal Div., Los Angeles, Cal., for defendants-appellants.

Fredric P. Sutherland (argued), the Center for Law in the Public Interest, Los Angeles, Cal., for plaintiffs-appellees.

Royal M. Sorensen (argued), Burke, Williams & Sorensen, Los Angeles, Cal., for amicus curiae.

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


Certiorari Denied January 27, 1975. See 95 S.Ct. 826.

OPINION

DUNIWAY, Circuit Judge:

We elected to hear this case in banc, together with Lathan v. Brinegar, 9 Cir., 506 F.2d 677, also decided today, to consider whether the court erred in enjoining further work on an interstate freeway until a further public hearing is held under section 128(a) of the Federal-Aid Highway Act (23 U.S.C. § 128(a)) as amended....

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