No. 78-1199.

587 F.2d 915 (1978)

STATE of SOUTH DAKOTA, Appellant, v. Brock ADAMS, U. S. Secretary of Transportation, William M. Cox, Federal Highway Administrator, Arthur Johnson, Division Highway Administrator and the United States of America, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided November 29, 1978.

Attorney(s) appearing for the Case

David L. Zuercher, Asst. Atty. Gen., S. D. Dept. of Transp., Pierre, S. D., for appellant; Carl W. Quist, Asst. Atty. Gen., and William J. Janklow, Atty. Gen., State of S. D., Pierre, S. D., on the briefs.

Susan M. Chalker, Atty., Dept. of Justice, Civil Div., Appellate Section, Washington, D. C., for appellees; Robert E. Kopp, Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C., and David V. Vrooman, U. S. Atty., Sioux Falls, S. D., on the brief.

Before LAY and BRIGHT, Circuit Judges, and HARPER, Senior District Judge.

BRIGHT, Circuit Judge.

On July 11, 1977, the Secretary of Transportation, Brock Adams (Secretary), notified the State of South Dakota that he had made a preliminary determination that South Dakota had failed to exercise "effective control" of outdoor advertising as required by Title I of the Highway Beautification Act, 23 U.S.C. § 131 (1976), and that as a result the Secretary would temporarily reserve ten percent of the State's next federal-aid highway apportionment...

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