LANGE v. BRINEGAR

No. 77-2223.

625 F.2d 812 (1980)

Gilmer A. LANGE and Audrey M. Lange, his wife; Daniel A. McDonald and Mildred I. McDonald, his wife; Frank C. Austin and Joyce W. Austin, his wife; Marcia Wells Baker, a single woman; Frederick C. Erickson and Patricia D. Erickson, his wife; John G. Groen and Judith E. Groen, his wife; Clarence Golladay and Lourene Golladay, his wife; Robert B. Wilcox and Maxine Wilcox, his wife, Plaintiffs-Appellants, v. Claude S. BRINEGAR, Secretary of Transportation, in his official capacity; L. E. Lybecker, Regional Federal Highway Administrator for Region X of the Federal Highway Administration, Department of Transportation, in his official capacity; Patrick Clark, Federal Division Engineer for the Eastern Washington Division of Region X of the Federal Highway Administration, Department of Transportation, in his official capacity; Washington State Department of Highways; George Andrews, Director of the Washington State Department of Highways, in his official capacity; The Washington State Highway Commission, Defendants-Respondents, Tri-City Nuclear Industrial Council and Yakima Valley-Construct I-82 Committee, Intervenor-Respondents.

United States Court of Appeals, Ninth Circuit.

Decided April 28, 1980.


Attorney(s) appearing for the Case

Jonathan Blank, Preston, Thorgrimson, Ellis & Holman, Washington, D.C., argued, for plaintiffs-appellants.

Frances M. Green, Asst. U.S. Atty., Dept. of Justice, Washington, D.C., Charles F. Secrest, Olympia, Wash., argued, Slade Gorton, Atty. Gen., Olympia, Wash., on brief, for defendants-respondents.

Before KENNEDY, ALARCON, Circuit Judges, and GRANT, District Judge.


ALARCON, Circuit Judge.

Appellants have appealed from the judgment of the trial court denying injunctive and declaratory relief in connection with the construction of a segment of interstate highway I-82.

I

PRELIMINARY FACTS

Interstate Highway I-82 was authorized by Congress primarily to connect interstate highway I-90 which runs from Seattle, Washington to Boston, Massachusetts, and interstate...

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