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SWAIN v. BRINEGAR

No. 74-1625.

542 F.2d 364 (1976)

Timothy W. SWAIN and Katherine A. Swain, Plaintiffs-Appellants, v. Claude S. BRINEGAR, Individually and as Secretary of Transportation for the United States, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 20, 1976.

Attorney(s) appearing for the Case

Mishael O. Gard, Peoria, Ill., for plaintiffs-appellants.

Raymond L. Terrell, Sp. Asst. Atty. Gen., Springfield, Ill., Larry G. Gutterridge, Atty., Dept. of Justice, Washington, D. C., Donald B. Mackay, U. S. Atty., Springfield, Ill., William J. Scott, Atty. Gen., Chicago, Ill., for defendants-appellees.

Before FAIRCHILD, Chief Judge, and SWYGERT, CUMMINGS, PELL, SPRECHER, TONE and BAUER, Circuit Judges.

Argued January 26, 1976 (en banc).

CUMMINGS, Circuit Judge.

Plaintiffs brought this suit to enjoin further action on acquisitions and construction of a 15-mile segment of a proposed Federal Aid Highway project consisting of a 42-mile supplemental freeway connecting Peoria and Lincoln, Illinois. At present, the two cities are connected only by Illinois Route 121, a two-lane highway. The Lincoln-Peoria proposal was designated FAP 406 and divided into two components...

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