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CUMMINGTON PRESERV. COM. v. FEDERAL AVIATION ADM.

No. 75-1198.

524 F.2d 241 (1975)

CUMMINGTON PRESERVATION COMMITTEE, Plaintiff-Appellant, v. FEDERAL AVIATION ADMINISTRATION et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided October 23, 1975.

Attorney(s) appearing for the Case

William A. Norris, Cummington, Mass., for plaintiff-appellant.

Kathryn A. Oberly, Atty., Dept. of Justice with whom Wallace H. Johnson, Asst. Atty. Gen., Washington, D. C., James N. Gabriel, U. S. Atty., James J. O'Leary, Asst. U. S. Atty., Boston, Mass., and Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., were on brief, for defendants-appellees.

Before COFFIN, Chief Judge, and McENTEE and CAMPBELL, Circuit Judges.

McENTEE, Circuit Judge.

This action was brought by the Cummington Preservation Committee under the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321 et seq. (1970) and the Administrative Procedure Act, 5 U.S.C. §§ 702 and 706 (1970), to enjoin the Federal Aviation Administration (FAA) from constructing a radar facility and a paved access road on Bryant Mountain in Cummington, Massachusetts...

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