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STATE OF ARK., ETC. v. GOLDSCHMIDT

No. 80-1574.

627 F.2d 839 (1980)

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

United States Court of Appeals, Eighth Circuit.

Decided August 4, 1980.

Rehearing Denied August 25, 1980.

Attorney(s) appearing for the Case

Michael Singer, Atty., Appellate Staff, Civil Division, Dept. of Justice, Washington, D. C., for defendant-appellant.

Chris Parker, Arkansas State Highway Commission, Little Rock, Ark., for plaintiff-appellee.

Before BRIGHT, STEPHENSON and ARNOLD, Circuit Judges.

PER CURIAM.

The State of Arkansas filed this suit to contest the allocation of federal-aid highway funds by the defendant Secretary of Transportation. The Secretary, acting pursuant to a deferral message sent to Congress by the President in April, had announced that only $7.6 billion (instead of a previously set figure of $8.75 billion) would be available for allocation in fiscal year 1980. He had also taken the position that the approximately $2.1 billion remaining...

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