DAWSON v. DEPARTMENT OF TRANSP.

No. CIV-79-72-D.

480 F.Supp. 351 (1979)

John Allen DAWSON, In person and for all persons similarly situated, Plaintiff, v. DEPARTMENT OF TRANSPORTATION, Federal Aviation Administration, Langhorne Bond, Administrator, Oklahoma State Department of Health, Dr. Joan Leavitt, Director, Defendants.

United States District Court, W. D. Oklahoma.

June 13, 1979.


Attorney(s) appearing for the Case

Bob R. Schick, Oklahoma City, Okl., for plaintiff.

Larry D. Patton, U. S. Atty., by Kathleen Flanagan, Asst. U. S. Atty., Oklahoma City, Okl., for defendant Dept. of Transp., FAA, Bond.

Jan Eric Cartwright, Atty. Gen., by John Gregory Thomas, Asst. Atty. Gen., Robert D. Kellogg, Atty., Oklahoma State Dept. of Health, Oklahoma City, Okl., for defendant Oklahoma State Dept. of Health, Leavitt.


ORDER

DAUGHERTY, District Judge.

This is an action under the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, wherein Plaintiff seeks a judgment declaring a proposed landfill in Oklahoma City to be an "airport hazard" as defined in 49 U.S.C. § 1101(a)(4)1 and an injunction enjoining the Defendants from issuing the permit required for the landfill. In his Complaint, Plaintiff states that he is a licensed

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