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FRIENDS OF THE EARTH v. CAREY

No. 557, Docket 75-7497.

535 F.2d 165 (1976)

FRIENDS OF THE EARTH et al., Plaintiffs-Appellants, v. Hugh CAREY et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 26, 1976.

Attorney(s) appearing for the Case

David Schoenbrod, New York City (Ross Sandler, Natural Resources Defense Council, Inc., New York City, of counsel), for plaintiffs-appellants.

Alexander Gigante, Jr., New York City (W. Bernard Richland, Corp. Counsel, Nina G. Goldstein, New York City, Atty., Isaac Klepfish, New York City, of counsel), for defendants-appellees Beame, Codd, Eisenpreis, Kove, Guggenheimer, Low, Lazar, Zuccotti, Tarshis, O'Dwyer, Karagheuzoff and The City of New York.

James P. McMahon, Brooklyn, N.Y. (Stuart Riedel, Brooklyn, N. Y., Nancy A. Serventi, New York City, Atty., Terrance J. Nolan, Brooklyn, N.Y., of counsel), for defendant-appellee New York City Transit Authority.

Before MANSFIELD, TIMBERS and MESKILL, Circuit Judges.

MANSFIELD, Circuit Judge:

This appeal arises out of the efforts of a group of the country's leading environmental and citizens' groups to enjoin and roll back the increase in New York City transit fares from 50 cents to 35 cents per ride and to enforce the "clean air" provisions of the Transportation Control Plan for the Metropolitan New York City Area ("the Plan"), which have long been approved pursuant to the Clean Air Act Amendments of 1970, 42 U.S.C. §§...

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