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ESSEX CTY. PRESERVATION ASS'N v. CAMPBELL

No. 75-1392.

536 F.2d 956 (1976)

ESSEX COUNTY PRESERVATION ASSOCIATION on Behalf of itself and its members et al., Plaintiffs-Appellants, v. Bruce CAMPBELL, as Commissioner, Massachusetts Department of Public Works, et al., Defendants-Appellees.

United States Court of Appeals, First Circuit.

Decided June 18, 1976.

Attorney(s) appearing for the Case

Haynes N. Johnson, Stamford, Conn., with whom Alphonse R. Noe, Stamford, Conn., and Thomas B. Arnold, Boston, Mass., were on brief, for plaintiffs-appellants.

Jacques B. Gelin, Atty., Dept. of Justice, Washington, D. C., with whom Peter R. Taft, Asst. Atty. Gen., Washington, D. C., James N. Gabriel, U. S. Atty., William A. Brown, Asst. U. S. Atty., Boston, Mass., and Raymond N. Zagone, Atty., Dept. of Justice, Washington, D. C., were on brief, for Federal defendants-appellees.

John J. Twomey, Asst. Atty. Gen., Boston, Mass., with whom Francis X. Bellotti, Atty. Gen., Boston, Mass., was on brief, for State defendants-appellees.

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

McENTEE, Circuit Judge.

This appeal concerns the reconstruction and widening (from four to eight lanes) of a portion of Interstate Route 95 (I-95) within Massachusetts, north of Boston. Appellants, various groups of residents in certain of the counties and towns affected, sought to enjoin further work on the project. The district court denied the preliminary injunction, concluding that there was not a probability of success on the merits and that no irreparable harm...

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