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STATE OF ARK. EX REL. ARK. ST. HIGHWAY v. GOLDSCHMIDT

NO. LR-C-80-192.

492 F.Supp. 621 (1980)

STATE OF ARKANSAS ex rel. ARKANSAS STATE HIGHWAY COMMISSION v. Neil GOLDSCHMIDT, Secretary of Transportation of the United States.

United States District Court, E. D. Arkansas, W. D.

Supplemental Opinion June 25, 1980.

Attorney(s) appearing for the Case

Steve Clark, Atty. Gen., State of Arkansas, Little Rock, Ark., Thomas B. Keys, Christopher O. Parker, Arkansas Highway and Transp. Dept., Little Rock, Ark., for plaintiff.

William K. Black, Dept. of Justice, Civil Div., Washington, D. C., for defendant.

MEMORANDUM OPINION

EISELE, Chief Judge.

This case arises out of the administration of the Federal-Aid Highway Act of 1956 (the F-AHA), as amended, 23 U.S.C. §§ 101-156. The F-AHA establishes the federal-aid highway system and provides for federal financial support of the system's development. It is administered by the Secretary of Transportation (the Secretary).

For each fiscal year (FY), Congress "authorizes" a certain amount of "budget...

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