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SCOTTSDALE MALL v. STATE OF INDIANA

No. 76-1632.

549 F.2d 484 (1977)

SCOTTSDALE MALL, Plaintiff-Appellant, v. STATE OF INDIANA and Indiana State Highway Commission et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 16, 1977.

Attorney(s) appearing for the Case

Harrison W. Smith, Jr., Columbus, Ohio, William P. Wooden, Indianapolis, Ind., for plaintiff-appellant.

Theodore L. Sendak, Atty. Gen., Walter F. Lockhart, Deputy Atty. Gen., Indianapolis, Ind., for defendants-appellees.

Before PELL and BAUER, Circuit Judges, and CAMPBELL, Senior District Judge.

WILLIAM J. CAMPBELL, Senior District Judge.

Defendants-Appellees State of Indiana and The Indiana State Highway Commission withdrew a state highway project from a federal-aid highway program (23 U.S.C. § 101 et seq.), and claim a right to proceed with state funds in the final stages and construction of the project. By electing to withdraw the project from federal funding consideration, defendants have avoided compliance with the environmental impact statement...

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