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CITIZENS TO PRESERVE OVERTON PARK, INC. v. BRINEGAR

Nos. 73-1668, 73-1669.

494 F.2d 1212 (1974)

CITIZENS TO PRESERVE OVERTON PARK, INC., et al., Plaintiff-Appellant, v. Claude S. BRINEGAR, Secretary, United States Department of Transportation, Defendant-Appellant, and Charles W. Speight, Commissioner, Tennessee Department of Highways, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 3, 1974.

Attorney(s) appearing for the Case

John W. Vardaman, Jr., Washington, D.C., for plaintiffs-appellants; Williams, Connolly & Califano, Washington, D.C., Charles F. Newman, Burch, Porter & Johnson, Memphis, Tenn., on brief.

Judith S. Feigin, Dept. of Justice, for Federal appellant; Irving Jaffe, Acting Asst. Atty. Gen., Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., on brief.

J. Alan Hanover, Sp. Counsel, Memphis, Tenn., for defendant-appellee; David M. Pack, Atty. Gen., of Tenn., Hanover, Walsh, Barnes & Jalenak, Memphis, Tenn., on brief.

Before WEICK, CELEBREZZE and PECK, Circuit Judges.

CELEBREZZE, Circuit Judge.

This litigation began in 1969, when Secretary of Transportation, John A. Volpe, approved a 3.7 mile extension of Interstate Highway 40 through Memphis, Tennessee. Four thousand feet of this project was to cut through Overton Park, a public wooded area in downtown Memphis. Citizens to Preserve Overton Park, Inc., organized to oppose the Secretary's action. They challenged his approval as contrary to § 4(f) of the Department of Transportation...

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