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VIRGINIANS FOR DULLES v. VOLPE

No. 72-2029.

541 F.2d 442 (1976)

VIRGINIANS FOR DULLES by Clive L. DuVal, etc., et al., Appellants, v. John VOLPE, Individually and as Secretary of Transportation, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 2, 1976.

Attorney(s) appearing for the Case

Geoffrey Judd Vitt, Alexandria, Va. (Bernard S. Cohen, Stephen D. Annand, Cohen & Vitt, Alexandria, Va., on brief), for appellants.

Dirk D. Snel, Atty., U.S. Dept. of Justice, Washington, D.C. (Wallace H. Johnson, Asst. Atty. Gen., William B. Cummings, U.S. Atty., Edmund B. Clark, Atty., U.S. Dept. of Justice, Washington, D.C., on brief), for federal appellees.

Lyman M. Tondel, Jr., New York City (George Weisz, George J. Grumbach, Jr., Cleary, Gottlieb, Steen & Hamilton, New York City, Joseph M. Spivey, III, T. S. Ellis, III, Hunton, Williams, Gay & Gibson, Richmond, Va., on brief), for airline appellees.

Before CLARK, Supreme Court Justice, BUTZNER, Circuit Judge, and FIELD, Senior Circuit Judge.

BUTZNER, Circuit Judge:

Virginians For Dulles (VFD) appeals the dismissal of a suit which it, along with other citizens' groups and several individuals, brought against the Secretary of Transportation, the Administrator of the Federal Aviation Administration, the Director of Airport Services, and eleven major airlines to abate noise and air pollution from jet planes at Washington National Airport. The complaint charged that National was a nuisance because noise and...

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