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STATE OF N. M. EX REL. N. M., ETC. v. GOLDSCHMIDT

Nos. 80-1666, 80-1684.

629 F.2d 665 (1980)

STATE OF NEW MEXICO ex rel. NEW MEXICO STATE HIGHWAY DEPARTMENT, Plaintiff-Appellee, v. Neil GOLDSCHMIDT, Secretary of Transportation of the United States, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided August 29, 1980.

Attorney(s) appearing for the Case

Stephen S. Hamilton, Asst. Atty. Gen., New Mexico State Highway Dept., Santa Fe, N. M., for plaintiff-appellee.

Michael Jay Singer, Washington, D.C. (Robert E. Kopp, Anthony J. Steinmeyer and Mary A. McReynolds, Attys., Civil Division, Dept. of Justice and Alice Daniel, Asst. Atty. Gen., Washington, D.C., R. E. Thompson, U. S. Atty., Albuquerque, N. M., Gregory Wolfe, Dept. of Transp., Washington, D.C., on brief), for defendant-appellant.

Before McWILLIAMS, BREITENSTEIN and BARRETT, Circuit Judges.

McWILLIAMS, Circuit Judge.

The State of New Mexico brought suit against Neil Goldschmidt, Secretary of Transportation, seeking declaratory judgment and injunctive relief. Specifically, New Mexico claimed that the President acted unlawfully in deferring or impounding certain federal-aid highway funds otherwise available for use in the fiscal year 1980, and that the Secretary thereafter acted improperly in allocating the remaining highway funds under a formula adopted...

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