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LOUISIANA ENVIRONMENTAL SOC., INC. v. DOLE

Nos. 81-3784, 82-3042.

707 F.2d 116 (1983)

LOUISIANA ENVIRONMENTAL SOCIETY, INC. and Mrs. Vernon B. Chance, Sr., Plaintiffs-Appellees, v. Elizabeth Hanford DOLE, Secretary of Transportation, Defendant-Appellant, Department of Highways, State of Louisiana, Defendant-Appellant. LOUISIANA ENVIRONMENTAL SOCIETY, INC. and Mrs. Vernon B. Chance, Sr., Plaintiffs-Appellants, v. Elizabeth Hanford DOLE, Secretary Department of Transportation, Et Al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied July 19, 1983.

Attorney(s) appearing for the Case

Sharon F. Lyles, Baton Rouge, La., Thomas H. Pacheco, Dirk D. Snel, Appellate Section, Land & Natural Resources Div., Dept. of Justice, Washington, D.C., for defendants-appellants.

Billy R. Pesnell, Shreveport, La., J. Arthur Smith, III, Baton Rouge, La., for Louisiana Environmental Soc. and Chance.

Before RUBIN and TATE, Circuit Judges, and Davis, District Judge.

Rehearing and Rehearing En Banc Denied July 19, 1983.

TATE, Circuit Judge:

Two appeals are consolidated for argument and decision: No. 81-3784, by the governmental defendants, from a district court judgment that set aside an administrative determination in connection with the proposed construction of a bridge; and No. 82-3042, an appeal by the plaintiff environmentalists from the district court's striking of twenty-three allegations from their...

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