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CITY OF ROCHESTER v. UNITED STATES POSTAL SERVICE

No. 1187, Docket 76-6065.

541 F.2d 967 (1976)

CITY OF ROCHESTER and Genessee-Finger Lakes Regional Planning Board, Appellants, v. UNITED STATES POSTAL SERVICE and Benjamin F. Bailar, United States Postmaster General, Appellees.

United States Court of Appeals, Second Circuit.

Decided September 3, 1976.

Attorney(s) appearing for the Case

Larry A. Stumpf, Goldstein, Goldman, Kessler & Underberg, Rochester, N.Y., for appellants.

Gerald J. Houlihan, Asst. U.S. Atty., Rochester, N.Y. (Richard J. Arcara, U.S. Atty. for the W.D.N.Y., Buffalo, N.Y., of counsel), for appellees.

Before SMITH, MANSFIELD and OAKES, Circuit Judges.

OAKES, Circuit Judge:

This appeal challenges the rather surprising Postal Service ruling that the construction of a $12 million postal facility in the town of Henrietta, New York, a suburb of Rochester, which construction contemplates the ultimate abandonment, in whole or in substantial part, of an older large facility in the city, is not a "major Federal actio[n] significantly affecting the quality of the human environment" within the meaning of the National...

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