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SWAIN v. BRINEGAR

No. 74-1625.

517 F.2d 766 (1975)

Timothy W. SWAIN and Katherine A. Swain, Plaintiffs-Appellants, v. Claude S. BRINEGAR, Secretary of Transportation for the United States, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided April 29, 1975.

Attorney(s) appearing for the Case

Mishael O. Gard, and Timothy W. Swain, Swain, Johnson & Gard, Peoria, Ill., for plaintiffs-appellants.

Donald B. Mackay, U. S. Atty., Springfield, Ill., Max Lipkin, Asst. U. S. Atty., Peoria, Ill., Raymond L. Terrell, Springfield, Ill., Larry G. Gutterridge, U. S. Dept. of Justice, App. Div., Washington, D. C., William J. Scott, Atty. Gen., Chicago, Ill., for defendants-appellees.

Before SWYGERT, and LAY, and GRANT,

SWYGERT, Circuit Judge.

Plaintiffs brought this suit to enjoin further action on a segment of a proposed Federal-Aid Highway project in the state of Illinois. They contend that the procedures used in obtaining the approval of the Federal Highway Administration on the proposed freeway were insufficient in law and in violation of the Federal-Aid Highway Act, 23 U.S.C. § 101 et seq. and the National Environmental Policy Act [NEPA], 42 U.S.C. § 4321 et...

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