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CHICAGO TRANSIT AUTHORITY v. ADAMS

No. 78-2396.

607 F.2d 1284 (1979)

CHICAGO TRANSIT AUTHORITY, a municipal corporation, Plaintiff-Appellee, v. Brock ADAMS, Secretary of the Department of Transportation et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided November 29, 1979.

Rehearing & Rehearing Denied January 10, 1980.

Attorney(s) appearing for the Case

Bruce G. Forrest, Dept. of Justice, Civ. Div., Washington, D. C., for defendants-appellants.

Joseph P. Della Maria, Jr., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, TONE and WOOD, Circuit Judges.

Rehearing & Rehearing In Banc Denied January 10, 1980.

SWYGERT, Circuit Judge.

This appeal concerns section 164(b) of the Federal-Aid Highway Act of 1973, 49 U.S.C. § 1602a(b), section 3(g) of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. § 1602(g), and the regulations promulgated thereunder, 49 C.F.R. § 604 et seq.1 At issue is whether a grantee of the

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