STATE OF S. D. v. GOLDSCHMIDT

Nos. 80-1358, 80-1359.

635 F.2d 698 (1980)

STATE OF SOUTH DAKOTA, Appellant, v. Neil GOLDSCHMIDT, United States Secretary of Transportation; John Hassell, Jr., Federal Highway Administrator; Marvin Espeland, Division Highway Administrator, and the United States of America, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 12, 1980.


Attorney(s) appearing for the Case

Ronald G. Schmidt, Schmidt, Schroyer & Colwill, P.C., Pierre, S.D., for appellant.

Douglas N. Letter, Atty., Civ. Division, U.S. Dept. of Justice, Washington, D.C., for appellees.

Before HEANEY, ROSS and McMILLIAN, Circuit Judges.


PER CURIAM.

The State of South Dakota (the State) appeals two adverse decisions of the district court which held that the Highway Beautification Act, 23 U.S.C. § 131 (1965) (the Act) is constitutional1 and that the Secretary of Transportation was authorized by the Act to withhold ten percent of the State's apportionment of 1978 federal highway funds as a penalty for the State's failure to institute effective control of billboards...

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