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CONSERVATION SOC. OF SO. VT. v. SECRETARY OF TRAN.

Nos. 63, 288, Dockets 73-2629, 73-2715.

531 F.2d 637 (1976)

The CONSERVATION SOCIETY OF SOUTHERN VERMONT, INC., et al., Appellees, v. SECRETARY OF TRANSPORTATION, et al., Appellants.

United States Court of Appeals, Second Circuit.

Decided February 18, 1976.

Attorney(s) appearing for the Case

Harvey D. Carter, Jr., Bennington, Vt. (Williams, Witten, Carter & Wickes, Bennington, Vt.), for appellees.

Robert C. Schwartz, Asst. Atty. Gen. Vt., Montpelier, Vt., Walter Kiechel, Jr., Acting Asst. Atty. Gen., Edmund B. Clark, Kathryn A. Oberly, Attys., Dept. of Justice, Washington, D. C., for appellants.

Sarah Chasis, New York City, of counsel, for amici curiae Natural Resources Defense Council, Inc.

Arthur J. O'Dea, Manchester, Vt., for amicus curiae, Town of Manchester.

Before MOORE, MULLIGAN and ADAMS, Circuit Judges.

PER CURIAM:

On December 11, 1974 this court rendered its opinion in Conservation Society of Southern Vermont, Inc. v. Secretary of Transportation, 2 Cir., 508 F.2d 927, which affirmed a judgment of the District Court of Vermont reported in 362 F.Supp. 627 (1973). The Solicitor General petitioned for and was granted a writ of certiorari. On October 6, 1975, this court's prior judgment was...

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