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SIERRA CLUB v. U.S. ARMY CORPS OF ENGINEERS

No. 694, Docket 83-6321.

732 F.2d 253 (1984)

SIERRA CLUB, et al., Plaintiffs-Appellees, v. UNITED STATES ARMY CORPS OF ENGINEERS, et al., Defendants, and City of New York, Defendant-Intervenor, William C. Hennessy, as Commissioner of the New York State Department of Transportation, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 7, 1984.

Attorney(s) appearing for the Case

Albert K. Butzel, New York City (Mitchell S. Bernard, Jean M. McCarroll, Butzel & Kass, New York City, of counsel), for plaintiffs-appellees Sierra Club, et al.

Paul J. Curran, New York City (Bruce Margolius, Kaye, Scholer, Fierman, Hays & Handler, New York City, of counsel), for defendant-appellant New York State Dept. of Transp.

Before MESKILL, KEARSE, and CARDAMONE, Circuit Judges.

CARDAMONE, Circuit Judge:

This appeal is from an order denying an application to modify an injunction that called a halt to Westway, the proposed West-side super highway in Manhattan. The New York State Department of Transportation (State) appeals from an October 31, 1983 order of the United States District Court for the Southern District of New York (Griesa, J.) denying its application to modify an injunction in order to permit it to continue certain preliminary...

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