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CITIZEN ADVOCATES FOR RESPONSIBLE EXPANSION, INC. v. DOLE

No. 84-1180.

770 F.2d 423 (1985)

CITIZEN ADVOCATES FOR RESPONSIBLE EXPANSION, INC. (I-CARE), National Trust For Historic Preservation In the United States, Ruth Carter Johnson and Fidel Herrera, Plaintiffs-Appellants, v. Elizabeth DOLE, Secretary of U.S. Department of Transportation, Ray Barnhart, Administrator of Federal Highway Administration and Robert H. Dedman, Chairman of State of Texas Highway and Public Transportation Commission, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 23, 1985.

Attorney(s) appearing for the Case

Cantey, Hanger, Gooch, Munn & Collins, Fort Worth, Tex., Arnold & Porter, Scott Lang, Darrel J. Hieber, Washington, D.C., David Bonderman, Estil Vance, Jr., Fort Worth, Tex., for plaintiffs-appellants.

James A. Rolfe, U.S. Atty., Claude D. Brown, Asst. U.S. Atty., Jean Rogers, James O. Price, Fort Worth, Tex., Jacques B. Gelin, David C. Shilton, Appellate Section, Washington, D.C., for defendants-appellees.

David R. Thomas, Dallas, Tex., for M.G. Goode, Engineer-Director, State Dept. of Highways.

Before REAVLEY, WILLIAMS and DAVIS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Concerns over the method chosen by state and federal officials to expand a segment of an interstate highway in downtown Fort Worth, Texas prompted this suit. The appellants, a group of citizens, community leaders, and businesspersons banded together as the Citizen Advocates for Responsible Expansion (I-CARE) and others, challenged the planned expansion on numerous environmental grounds. The...

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