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COALITION FOR RESPONSIBLE REG. DEVELOP. v. BRINEGAR

No. 74-2316.

518 F.2d 522 (1975)

COALITION FOR RESPONSIBLE REGIONAL DEVELOPMENT and Ruth C. Sullivan, Appellants, v. Claude S. BRINEGAR, Secretary of Transportation, United States of America, and William S. Ritchie, Jr., Commissioner, Department of Highways, State of West Virginia, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 16, 1975.

Attorney(s) appearing for the Case

Ray E. Ratliff, Jr., Charleston, W. Va. (Kaufman & Ratliff, Charleston, W. Va., on brief), for appellants.

Kathryn A. Oberly, Atty., U. S. Dept. of Justice (Wallace H. Johnson, Asst. Atty. Gen., John A. Field, III, U. S. Atty., Ray L. Hampton, II, Asst. U. S. Atty., and George R. Hyde, Atty., U. S. Dept. of Justice, on brief), for appellee Claude S. Brinegar, Secretary of Trans.

Anthony G. Halkias, Charleston, W. Va., for appellee William S. Ritchie, Jr.

Before WINTER, BUTZNER and WIDENER, Circuit Judges.

WINTER, Circuit Judge:

In a suit by an association, the members of which are persons residing in the affected area, and a taxpayer also residing therein, the district court denied a preliminary injunction to restrain the construction of East End Bridge across the Ohio River at 31st Street in Huntington, West Virginia. Plaintiffs have appealed. The principal theory of the action is that § 4(f) of the Department of Transportation Act, 49 U.S.C. § 1653(f),...

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