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CONSERVATION SOCIETY, ETC. v. SECRETARY OF TRANSP.

Civ. A. No. 6598.

443 F.Supp. 1320 (1978)

The CONSERVATION SOCIETY OF SOUTHERN VERMONT et al., v. SECRETARY OF TRANSPORTATION et al.

United States District Court, D. Vermont.

January 19, 1978.

Attorney(s) appearing for the Case

Harvey D. Carter, Jr., of Witten & Carter, Bennington, Vt., for plaintiffs.

Robert Schwartz, Deputy Atty. Gen., Montpelier, Vt., for the Vermont Highway Dept.

William B. Gray, U. S. Atty., and Richard H. Thomas, Dept. of Transp., Albany, N.Y., for the United States.

Arthur J. O'Dea, Manchester Center, Vt., for the amici curiae.

FINDINGS OF FACT, CONCLUSIONS OF LAW and OPINION on MOTION OF DEFENDANTS TO DISSOLVE INJUNCTION

OAKES, Circuit Judge, Sitting by Designation.

This matter again came on for hearing on November 10, 1977,1 when the federal and state defendants moved to dissolve an injunction issued on October 26, 1972, see Conservation Society of Southern Vermont, Inc. v. Volpe,

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