ACTION FOR RATIONAL TRANSIT v. WEST SIDE HIGHWAY PROJECT

No. 611, Docket 82-6197.

699 F.2d 614 (1983)

ACTION FOR RATIONAL TRANSIT, et al., Appellants, v. WEST SIDE HIGHWAY PROJECT, by its Executive Director, Lowell K. BRIDWELL, et al., Appellees.

United States Court of Appeals, Second Circuit.

Decided February 1, 1983.


Attorney(s) appearing for the Case

William Hoppen, New York City (David M. Corwin, New York City, of counsel), for appellants.

Jonathan Z. Cannon, Beveridge & Diamond, P.C., Washington, D.C. (Milton S. Gould, Shea & Gould, New York City, Gary H. Baise, Don G. Scroggin, Beveridge & Diamond, P.C., Washington, D.C., of counsel), for appellees West Side Highway Project, Hugh L. Carey, Governor, State of N.Y., William C. Hennessy, Commissioner, New York State Dept. of Transp., Michael J. Cuddy, Director, West Side Highway Project.

R. Nicholas Gimbel, Asst. U.S. Atty., New York City (John S. Martin, Jr., U.S. Atty. for the S.D. of N.Y., Peter C. Salerno, Asst. U.S. Atty., New York City, of counsel), for appellees Environmental Protection Agency and U.S. Dept. of Transp.

Cathy A. Fleming, Donovan, Leisure, Newton & Irvine, New York City (Sanford M. Litvack, William A. Davis II, Washington, D.C., Donovan, Leisure, Newton & Irvine, New York City, of counsel), for appellee Robert F. Flacke, Commissioner, New York State Dept. of Environmental Conservation.

Before OAKES, VAN GRAAFEILAND and MESKILL, Circuit Judges.


PER CURIAM:

Only four claims are urged on appeal out of the original ten as to which the United States District Court for the Southern District of New York, Thomas P. Griesa, Judge, granted the city, state, regional, and federal defendants summary judgment in this suit to halt the West Side Highway Project. Action for Rational Transit v. West Side Highway Project, 536 F.Supp. 1225 (S.D.N.Y.1982). We affirm the dismissal...

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