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STEUBING v. BRINEGAR

Civ. No. 1973-576.

375 F.Supp. 1158 (1974)

Royal STEUBING et al., Plaintiffs, v. Claude S. BRINEGAR, Secretary of Department of Transportation, Raymond T. Schuler, Commissioner of New York State Department of Transportation, Albany, New York, Defendants.

United States District Court, W. D. New York.

May 20, 1974.

Attorney(s) appearing for the Case

Richard J. Lippes, Buffalo, N. Y., for plaintiffs.

John T. Elfvin, U. S. Atty., Buffalo, N. Y. (C. Donald O'Connor, Asst. U. S. Atty., of counsel), for defendant Claude S. Brinegar, Secretary of Dept. of Transp.

Louis J. Lefkowitz, Atty. Gen. of the State of New York, Albany, N. Y. (Douglas S. Dales, Jr., of counsel), for defendant Raymond T. Schuler, Commissioner of New York State Dept. of Transp.

CURTIN, Chief Judge.

I. HISTORY OF THE LITIGATION

On November 23, 1973, the plaintiffs commenced this action seeking to enjoin the defendants from continuing the construction of a bridge over Lake Chautauqua. Plaintiffs base their motion for a preliminary injunction on the theory that defendants have failed to comply with the requirements of the National Environmental Policy Act [N.E.P.A.], 42 U.S.C. §...

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