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CITY OF HIGHLAND PARK v. TRAIN

Nos. 74-1271, 75-1006.

519 F.2d 681 (1975)

The CITY OF HIGHLAND PARK, Illinois, etc., et al., Plaintiffs-Appellants, v. Russell E. TRAIN, etc., et al., Defendants-Appellees. The CITY OF HIGHLAND PARK, Illinois, etc., et al., Petitioners, v. Russell E. TRAIN, as Administrator of the United States Environmental Protection Agency, and United States Environmental Protection Agency, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided June 10, 1975.

As Amended on Denial of Rehearing July 24, 1975.

Attorney(s) appearing for the Case

Joseph V. Karaganis and Sanford R. Gail, Chicago, Ill., Berle L. Schwartz, Highland Park, Ill., Sheldon Davidson, Richard V. Houpt, Chicago, Ill., for plaintiffs-appellants.

James R. Thompson, U. S. Atty., Gary L. Starkman, Asst. U. S. Atty., Chicago, Ill., Wallace H. Johnson, Asst. Atty. Gen., Edmund B. Clark and Raymond W. Mushal, Atty., Dept. of Justice, Washington, D. C., Bernard Carey, State's Atty., Fredric B. Weinstein, Melvyn A. Rieff, Asst. State's Attys., Burton Y. Weitzenfeld, Stanley M. Lipnick, John L. Ropiequet, John C. Christie, Jr., Chicago, Ill., Richard J. Denney, Jr., Environmental Protection Agency, Washington, D. C., Frederic O. Floberg, Chicago, Ill., for defendants-appellees.

Before CUMMINGS, SPRECHER and TONE, Circuit Judges.

TONE, Circuit Judge.

In the principal case before us in these consolidated proceedings, No. 74-1271, plaintiffs sue to block the construction of a shopping center and the extension and widening of the road along which the shopping center is to be built, relying upon the Clean Air amendments of 1970, the National Environmental Protection Act, and the Equal Protection Clause of the Fourteenth Amendment. They seek to compel the Administrator of the Environmental Protection...

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