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MOVEMENT AGAINST DESTRUCTION v. VOLPE

No. 73-2136.

500 F.2d 29 (1974)

MOVEMENT AGAINST DESTRUCTION et al., Appellants, v. John A. VOLPE et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 19, 1974.

Rehearing Denied May 7, 1974.

Attorney(s) appearing for the Case

John C. Armor, Baltimore, Md., for appellants.

Terrence L. O'Brien, Atty., U. S. Dept. of Justice, and Lawrence F. Rodowsky, Baltimore, Md. (Wallace H. Johnson, Asst. Atty. Gen., George Beall, U. S. Atty., Jean G. Rogers, Sp. Asst. U. S. Atty., and George R. Hyde, Irwin L. Schroeder, Attys., U. S. Dept. of Justice, on brief for Secretary of Transportation; Francis B. Burch, Atty. Gen. of Md., Lloyd J. Hammond, Sp. Atty., Baltimore, Md., Randy H. Lee, Asst. Atty. Gen., on brief for state appellee; George L. Russell, Jr., City Sol., and Frank, Bernstein, Conaway & Goldman, Baltimore, Md., on brief for city appellees), for appellees.

Before BRYAN, BUTZNER and WIDENER, Circuit Judges.

PER CURIAM:

The Movement Against Destruction (MAD) along with other community associations and individuals prayed an injunction and declaratory judgment from the District Court in October 1972, to bar further construction of the "3-A System", or segments thereof, of the Federal Aid Interstate System in Baltimore, Maryland, until the defendants— the Secretary of the Department of Transportation of the United States and

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