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MASSACHUSETTS AIR POLLUTION & N. ABATE. COM. v. BRINEGAR

Misc. No. 74-8043.

499 F.2d 125 (1974)

MASSACHUSETTS AIR POLLUTION AND NOISE ABATEMENT COMMITTEE et al., Plaintiffs, Appellants, v. Claude S. BRINEGAR, as he is the Secretary of Transportation, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided June 12, 1974.

Attorney(s) appearing for the Case

Albert K. Butzel, New York City, with whom Berle, Butzel & Kass, New York City, was on motion and memorandum in support thereof, for appellants.

William A. Brown, Asst. U.S. Atty., Chief, Civ. Div., with whom James N. Gabriel, U. S. Atty., was on memorandum in opposition thereto, for Claude S. Brinegar and Alexander P. Butterfield, appellees.

Neil L. Lynch, Boston, Mass., for Massachusetts Port Authority, appellee.

Before COFFIN, Chief Judge, and CAMPBELL, Circuit Judge.

PER CURIAM.

This is an appeal from a district judge's refusal to grant a temporary restraining order prohibiting three flights by the Concorde, a supersonic transport (SST), in and out of Boston during the next several days.1 This is not the setting in which courts ordinarily address themselves to complex, long-term issues. Thus our decision today has no implications whatever for the merits of plaintiffs' claim that there must be an environmental...

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