STATE OF LOUISIANA EX REL. GUSTE v. BRINEGAR

Civ. A. No. 2145-73.

388 F.Supp. 1319 (1975)

STATE OF LOUISIANA ex rel. William J. GUSTE, Jr., Attorney General, et al., Plaintiffs, and State of Alaska et al., Intervenor-Plaintiffs, v. Claude S. BRINEGAR, Secretary of Transportation, et al., Defendants.

United States District Court, District of Columbia, Civil Division.

February 12, 1975.


Attorney(s) appearing for the Case

Kendall L. Vick, Sp. Counsel, Civil Recovery Section, New Orleans, La., for State of Louisiana.

John H. Thompson, Chief Deputy Atty. Gen., Carson City, Nev., for State of Nevada.

Paul C. Duncan, Asst. Atty. Gen., Chief, Civ. Div., Oklahoma City, Okl., for State of Oklahoma.

James R. Adams, Deputy Atty. Gen., Commonwealth of Pa., Harrisburg, Pa., for Commonwealth of Pennsylvania.

William C. Bednar, Jr., Asst. Atty. Gen., Austin, Tex., for State of Texas.

James B. McCabe, Sp. Asst. Atty. Gen., Seattle, Wash., for State of Washington.

George D. Sheldon, Asst. Atty. Gen., Chief, Highways Section, Juneau, Alaska, for State of Alaska.

Faber F. Tway, Chief Legal Counsel, Highway Dept., Asst. Atty. Gen., Boise, Idaho, for State of Idaho.

Michael E. Perino, Asst. Atty. Gen., Dept. of Justice, Madison, Wis., for State of Wisconsin.

Stanley Z. Goodfarb, Asst. Chief Counsel, Highway Div., State of Ariz., Phoenix, Ariz., for State of Arizona.

Mark A. Madsen, Asst. Atty. Gen., Salt Lake City, Utah, for State of Utah.

Frank J. Kelley, Atty. Gen., State of Mich., Lansing, Mich., for State of Michigan.

Dennis G. Linder, Dept. of Justice, Washington, D. C., Gene Sullivan, Dept. of Justice, for Claude S. Brinegar, and others.


MEMORANDUM OPINION

JOHN LEWIS SMITH, Jr., District Judge.

This action is before the Court on plaintiffs' Motion for Summary Judgment, and defendants' Motion to Dismiss or, in the alternative, for Summary Judgment. The matter at issue has been tested recently before eight federal district courts and one circuit court of appeals, and can be stated simply: Can the Government impose "contract controls" or its own...

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