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SCENIC HUDSON PRESERVATION CONFERENCE v. CALLAWAY

Nos. 1028, 1092, Dockets 74-1311, 74-1421.

499 F.2d 127 (1974)

SCENIC HUDSON PRESERVATION CONFERENCE et al., Plaintiffs-Appellants-Appellees, v. Howard H. CALLAWAY, Individually and as Secretary of the Army, Department of Defense, et al., Defendants-Appellees, and Consolidated Edison Company of New York, Inc., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 11, 1974.

Attorney(s) appearing for the Case

G. S. Peter Bergen, New York City (LeBoeuf, Lamb, Leiby & MacRae, Carl D. Hobelman, Andrew Gansberg, New York City, on the brief), for Consolidated Edison.

Albert K. Butzel and David Sive, New York City (Berle, Butzel & Kass, Winer, Neuburger & Sive, Angus Macbeth, New York City, on the brief), for Scenic Hudson and others.

T. Gorman Reilly, Asst. U. S. Atty. (Paul J. Curran, U. S. Atty., S. D. N. Y., Anne Sidamon-Eristoff and Gerald A. Rosenberg, Asst. U. S. Attys., on the brief), for defendants-appellees.

Before MOORE, FRIENDLY and FEINBERG, Circuit Judges.

OPINION

PER CURIAM:

In this fourth appeal to this court involving the challenged Storm King Project, a hydroelectric facility slated to be built on the west bank of the Hudson River,1 defendant Consolidated Edison Company of New York, Inc. ("Con Ed") appeals from a portion of a final judgment entered in the United States District Court for the Southern District of New York, Morris E. Lasker, J. Plaintiffs (collectively "Scenic...

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