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STATE OF MINNESOTA v. COLEMAN

No. 3-73-Civil-305.

391 F.Supp. 330 (1975)

STATE OF MINNESOTA, by Warren SPANNAUS, its Attorney General, and Ray Lappegaard, its Commissioner of Highways, Plaintiffs, v. William COLEMAN, Secretary of Transportation, and Roy Ash, Director, Office of Management and Budget, Defendants.

United States District Court, D. Minnesota, Third Division.

April 9, 1975.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Eric Schultz, Deputy Atty. Gen., Craig R. Anderson, Sp. Asst. Atty. Gen., St. Paul, Minn., for plaintiffs.

Irving Jaffee, Acting Asst. Atty. Gen., Washington, D. C., Robert G. Renner, U. S. Atty., Thorwald H. Anderson, Jr., Asst. U. S. Atty., Minneapolis, Minn., Eugene R. Sullivan, Washington, D. C., for defendants.

MEMORANDUM & ORDER

DEVITT, Chief Judge.

Minnesota, through its Attorney General and Commissioner of Highways, seeks declaratory and injunctive relief against federal officials who have impounded approximately 42 million dollars of appropriated funds allocated to Minnesota for fiscal year 1975 under the Federal-Aid Highway Act, 23 U.S.C. § 101 et seq.

Defendants contend the Executive Department has discretion to impound appropriated funds...

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