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CITIZENS FOR BALANCED ENVIRONMENT, ETC. v. VOLPE

No. 489, Docket 80-6148.

650 F.2d 455 (1981)

CITIZENS FOR BALANCED ENVIRONMENT AND TRANSPORTATION, INC., et al., Plaintiffs-Appellants, v. John A. VOLPE, et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 9, 1981.

Attorney(s) appearing for the Case

Gregor I. McGregor, Boston, Mass., for plaintiffs-appellants.

Kenneth N. Tedford, Asst. Atty. Gen., Wethersfield, Conn. (Carl R. Ajello, Atty. Gen., Hartford, Conn.), for defendant-appellee Connecticut Dept. of Transp.

Francis J. McNamara, Jr., Stamford, Conn. (Cummings & Lockwood, Gary A. MacMillan, Stamford, Conn., of counsel), for defendant-intervenor appellees.

Richard Blumenthal, U. S. Atty. for the District of Connecticut, New Haven, Conn. (George J. Kelly, Jr., Asst. U. S. Atty., Hartford, Conn., of counsel), for federal defendants-appellees.

The Connecticut Fund for the Environment, Daniel Millstone, New Haven, Conn., of counsel, on amicus curiae brief.

Before MOORE, MANSFIELD and MULLIGAN, Circuit Judges.

MOORE, Circuit Judge:

Plaintiff-appellant, Citizens for Balanced Environment and Transportation (CBET), a citizens' group, appeals the decision of Judge T. F. Gilroy Daly of the United States District Court for the District of Connecticut, vacating an injunction that has been in effect since 1972. The injunction which had been entered on July 17, 1972 by then District Judge Jon O. Newman prohibited responsible agencies from further construction of a U. S. highway...

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