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EAST 63RD STREET ASS'N v. COLEMAN

No. 76 Civ. 2071.

414 F.Supp. 1318 (1976)

The EAST 63RD STREET ASSOCIATION et al., Plaintiffs, v. William T. COLEMAN, Jr., as Secretary of Transportation, U. S. Department of Transportation, et al., Defendants.

United States District Court, S. D. New York.

May 17, 1976.

Attorney(s) appearing for the Case

Butzel & Kass, New York City, for plaintiffs; Albert K. Butzel, Peter J. Millock, New York City, of counsel.

Robert B. Fiske, Jr., U. S. Atty., S.D. N.Y., New York City, for Federal defendants; Peter C. Salerno, Asst. U. S. Atty., New York City, of counsel.

W. Bernard Richland, Corp. Counsel of the City of New York, New York City, for Municipal defendants; Nina Gershon Goldstein, John C. Brennan, New York City, of counsel.

Stuart Riedel, Gen. Counsel, New York City Transit Authority, and Metropolitan Transit Authority, Brooklyn, N.Y., Gary Marcus, Brooklyn, N.Y., of counsel.

OPINION

FRANKEL, District Judge.

The fashionable notion of "trade-offs," reflecting the pressures of a crowded world, describes aptly the often hard choices of policy and law affecting our environment. Those who govern the harried City of New York are commanded to discourage motor vehicle use and promote mass transit as one means of recapturing breatheable air for those who live and work here. Cf. Friends of Earth v. Carey, Docket No. 75-7497,

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