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HILL v. BRINEGAR

Civ. A. No. 4499.

371 F.Supp. 1166 (1974)

Roland E. HILL and Carolyn H. Hill et al., Plaintiffs, v. Claude S. BRINEGAR, Secretary of Transportation of the United States of America, and Clifton E. Morris, Secretary of the Department of Highways and Transportation of the State of Delaware, et al., Defendants.

United States District Court, D. Delaware, Wilmington Division.

February 28, 1974.

Attorney(s) appearing for the Case

Thomas Herlihy, Jr., and Morris Cohen, Wilmington, Del., for plaintiffs.

Bruce L. Thall, Asst. U. S. Atty., Wilmington, Del., for defendant Brinegar.

Johanna D. Drooz Yoffie, Deputy Atty. Gen., Wilmington, Del., for defendant Morris.

Joseph M. Bernstein, Asst. Atty. for New Castle County, Wilmington, Del., for defendant Peterson.

Before VAN DUSEN, Circuit Judge, LATCHUM, Chief District Judge, and STAPLETON, District Judge.

OPINION

PER CURIAM:

As part of a broad attack on the proposed construction of a highway in New Castle County, Delaware, plaintiffs have challenged the constitutionality of a recently enacted state statute. A three-judge court was convened pursuant to 28 U.S.C. §§ 2281, 2284 to consider this element of their complaint.

Plaintiffs are the Christine Manor Civic Association, a non-profit neighborhood association, and individual residents of...

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