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STATE OF NEBRASKA, DEPARTMENT OF ROADS v. TIEMANN

No. 74-1717.

510 F.2d 446 (1975)

STATE OF NEBRASKA, DEPARTMENT OF ROADS, Appellant, v. Norbert T. TIEMANN, Federal Highway Administrator, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 28, 1975.

Attorney(s) appearing for the Case

Warren D. Lichty, Jr., Asst. Atty. Gen., Lincoln, Neb., for appellant. William K. Schaphorst, U. S. Atty., Stephen L. Muehlberg, Asst. U. S. Atty., Omaha, Neb., for appellee.

Before GIBSON, Chief Judge, and HEANEY and ROSS, Circuit Judges.

ROSS, Circuit Judge.

The State of Nebraska appeals, pursuant to 28 U.S.C. § 1292(a)(1), from the denial of its request for a temporary restraining order and preliminary injunction enjoining Norbert T. Tiemann, the Federal Highway Administrator, from withholding approval of highway projects for which the state seeks federal funds under the Federal-Aid Highway Act, 23 U.S.C. §§ 101 et seq. We affirm.

In early 1972 the Federal Highway Administrator...

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