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CITY OF ROMULUS v. COUNTY OF WAYNE

No. 76-1243.

634 F.2d 347 (1980)

CITY OF ROMULUS, Fouad Berry, on behalf of themselves and the Citizens, Residents and Owners of Property within the City of Romulus, and those similarly situated, and The Romulus Community Schools Board of Education, Plaintiffs and Appellants, v. COUNTY OF WAYNE, The Board of County Road Commissioners of Wayne County, Claude S. Brinegar, Secretary of Transportation, Alexander Butterfield, Administrator of the F.A.A., Defendants and Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 6, 1980.

Attorney(s) appearing for the Case

Jerrold A. Fadem, Michael M. Berger, Fadem, Berger, McIntire & Norton, Santa Monica, Cal., for plaintiffs and appellants.

Aloysius J. Suchy, Corp. Counsel, George H. Cross, Chief Asst. Corp. Counsel, and David R. Kaplan, Asst. Pros. Atty., Detroit, Mich., for Wayne County.

John P. Cushman, Detroit, Mich., for Wayne Road Commissioners.

Edward S. Faggen, James A. Hourihan, Geo. U. Carneal, Allen R. Snyder, Washington, D.C., for F.A.A.

Before MERRITT, BROWN and JONES, Circuit Judges.

MERRITT, Circuit Judge.

The City of Romulus, Michigan, the Romulus school board and a Romulus citizen brought this action against the United States Transportation Secretary, the Federal Aviation Administrator and local governmental agencies that operate the Detroit Metropolitan Airport for an injunction to prevent construction of an additional $20 million, ten-thousand-foot, third parallel runway at the airport. The runway has now been completed, and the controversy...

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