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ARIZONA PAST & FUTURE FOUNDATION v. LEWIS

No. 82-6062.

722 F.2d 1423 (1983)

ARIZONA PAST AND FUTURE FOUNDATION, INC., a non-profit Arizona corporation; Laurie Blank-Roper; William Arthur, Jr.; G.G. George; Richard B. Barlow; and Benjamin and Margaret Hammer, Plaintiffs-Appellants, v. Drew LEWIS, Secretary of the United States Department of Transportation; Ray Barnhart, Administrator of the Federal Highway Administration of the United States Department of Transportation; Robert Young, Regional Administrator of the Federal Highway Administration of the United States Department of Transportation; Thomas O. Willett, Arizona Division Administrator of the Federal Highway Administration of the United States Department of Transportation; William A. Ordway, Director of the Arizona Department of Transportation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 11, 1983.

As Amended December 22, 1983.

Attorney(s) appearing for the Case

Paul V. Bonn, Phoenix, Ariz., for plaintiffs-appellants.

Kathryn A. Oberly, Washington, D.C., for defendants-appellees.

Before DUNIWAY, CHOY, and ALARCON, Circuit Judges.

ALARCON, Circuit Judge:

Arizona Past and Future Foundation Inc. (the Foundation) appeals from the final judgment dismissing its action seeking declarative and injunctive relief. The Foundation objects to the choice of the West Papago Alternative (Alternative Seven) as the means of completing Interstate 10, and brings this action to block construction. The Foundation challenges the Secretary of Transportation's [Secretary] decision as arbitrary, capricious, and an...

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