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NAMED IND. MEM., SAN ANTONIO CON. SOC. v. TEXAS HWY. DEPT.

No. 74-1231.

496 F.2d 1017 (1974)

NAMED INDIVIDUAL MEMBERS OF the SAN ANTONIO CONSERVATION SOCIETY et al., Plaintiffs-Appellants, v. The TEXAS HIGHWAY DEPARTMENT et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 29, 1974.

Limited Rehearing Granted August 29, 1974.

Attorney(s) appearing for the Case

John W. Vardaman, Jr., Washington, D. C., for plaintiffs-appellants.

William S. Sessions, U. S. Atty., Edward M. Johnson, Asst. U. S. Atty., San Antonio, Tex., Larry F. York, Lynn Taylor, Asst. Attys. Gen., Samuel D. McDaniel, Austin, Tex., Leonard Schaitman, Judith S. Feigin, Dept. of Justice, App. Sec., Civ. Div., Washington, D. C., for defendants-appellees.

Hubert W. Green, San Antonio, Tex., amicus curiae, for Greater San Antonio Chamber of Commerce.

Crawford B. Reeder, City Atty., San Antonio, Tex., amicus curiae, for City of San Antonio.

Before TUTTLE, COLEMAN and AINSWORTH, Circuit Judges :

AINSWORTH, Circuit Judge:

This much litigated and important environmental case has been in the courts for more than six years and is now before us for the second time. The complaint seeks to enjoin the construction of an expressway which would pass through parklands in the City of San Antonio, Texas. Plaintiffs are named individual members of the San Antonio Conservation Society, and defendants are The Texas Highway Department, an administrative agency of the State...

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