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STATE OF VT. v. GOLDSCHMIDT

No. 1544, Docket 80-6112.

638 F.2d 482 (1980)

STATE OF VERMONT by its Agency of Transportation, Plaintiff-Appellee, v. Neil GOLDSCHMIDT, Secretary of Transportation of the United States, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided November 12, 1980.

Attorney(s) appearing for the Case

Mary A. McReynolds, Washington, D.C. (Robert E. Kopp, Anthony J. Steinmeyer, and Michael Jay Singer, Attys., Civ. Div., Dept. of Justice, and Alice Daniel, Asst. Atty. Gen., Washington, D.C., William B. Gray, U. S. Atty., Rutland, Vt., of counsel, Gregory Wolfe, Dept. of Transportation, Washington, D.C., on brief), for defendant-appellant.

Michael R. Gadue, Asst. Atty. Gen., Chief, Civil Litigation Div., Montpelier, Vt. (Robert C. Schwartz, Asst. Atty. Gen., Chief, Transportation Div., Montpelier, Vt., on brief), for plaintiff-appellee.

Before VAN GRAAFEILAND and NEWMAN, Circuit Judges, and NEAHER, District Judge.

VAN GRAAFEILAND, Circuit Judge:

The objective of the Federal-Aid Highway Act, 23 U.S.C. §§ 101-36, is to bring about an improvement in the nation's highway system by providing federal financial aid for state highway construction. This action concerns the manner in which financial aid for the 1980 fiscal year was allocated among the states.

Each fiscal year, Congress authorizes an appropriation for the highway program which the Secretary of Transportation...

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