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STATE OF S. D. v. ADAMS

Civ. No. 77-3039.

506 F.Supp. 50 (1980)

STATE OF SOUTH DAKOTA, Plaintiff, v. Brock ADAMS, United States Secretary of Transportation; William M. Cox, Federal Highway Administrator; Arthur Johnson, Division Highway Administrator and The United States of America, Defendants.

United States District Court, South Dakota, C. D.

April 9, 1980.

Attorney(s) appearing for the Case

Ronald G. Schmidt, Sp. Asst. Atty. Gen., Pierre, S. D., for plaintiff.

Terry L. Pechota, Sioux Falls, S. D., Judith S. Scolnick, Dept. of Justice, Edward V. A. Kussy, Deputy Asst. Chief Counsel for Right of Way and Environmental Law Division, Federal Highway Administration, Washington, D. C., for defendants.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

CASE SUMMARY

Plaintiff, the State of South Dakota, (State) seeks to overturn the final determination of the Secretary of Transportation (Secretary) under 23 U.S.C. § 131, (the Highway Beautification Act [Act]), that the State has not instituted effective control of billboards. The Secretary assessed a penalty of ten percent of the State's highway funds for 1978 and reserved the funds for...

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