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CHAUTAUQUA CTY. ENVIRONMENTAL DEFENSE v. ADAMS

No. Civ-73-576.

452 F.Supp. 376 (1978)

CHAUTAUQUA COUNTY ENVIRONMENTAL DEFENSE COUNCIL, Plaintiff, v. Brock ADAMS, Secretary of Transportation, and William C. Hennessy, Commissioner of New York State Department of Transportation, Albany, New York, Defendants.

United States District Court, W. D. New York.

May 17, 1978.

Attorney(s) appearing for the Case

Richard J. Lippes, Buffalo, N.Y., for plaintiff.

Richard J. Arcara, U. S. Atty., Buffalo, N.Y. (C. Donald O'Connor, Asst. U. S. Atty., Buffalo, N.Y., and Richard H. Thomas, FHWA, Region 1, Albany, N.Y., of counsel), for Brock Adams, United States Secretary of Transportation.

Falk, Siemer, Glick, Tuppen & Maloney, Buffalo, N.Y. (Alvin M. Glick, and Michael C. Trimboli, Buffalo, N.Y., of counsel), for William C. Hennessy, Commissioner, New York State Department of Transportation.

CURTIN, Chief Judge.

This case involves the proposed construction of a highway bridge over Lake Chautauqua in southwestern New York State as part of the Southern Tier Expressway [hereinafter "STE"]. Currently pending before this court is defendants' motion to vacate the preliminary injunction against construction which was filed by this court on May 20, 1974, 375 F.Supp. 1158 (W.D.N. Y.1974),1 and...

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