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NATIONAL WILDLIFE FEDERATION v. SNOW

No. 75-1214.

561 F.2d 227 (1976)

NATIONAL WILDLIFE FEDERATION, Appellant, v. John W. SNOW, in his official capacity as administrator, Federal Highway Administration, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided October 28, 1976.

Attorney(s) appearing for the Case

Russell H. Carpenter, Jr., Washington, D. C., with whom Oliver A. Houck and Kenneth S. Kamlet, Washington, D. C., were on the brief for appellant.

Francis J. Mulcahy, Jr., Atty., Federal Highway Administration, Dept. of Transportation, Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Eric B. Marcy, Mary-Elizabeth Medaglia, Asst. U. S. Attys., and Stuart M. Gerson, Asst. U. S. Atty., Washington, D. C., at the time the brief was filed, were on the brief for appellees.

Before McGOWAN, LEVENTHAL and WILKEY, Circuit Judges.

Opinion for the Court by Circuit Judge LEVENTHAL.

Dissenting opinion by Circuit Judge WILKEY.

LEVENTHAL, Circuit Judge:

Appellant National Wildlife Federation brought this case to challenge two Federal Highway Administration regulations governing the number and timing of public hearings on federally assisted highways.1 Appellant alleged that the regulations should have been promulgated in accordance with the notice and...

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