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NO EAST-WEST HIGHWAY COMMITTEE, INC. v. CHANDLER

No. 85-1360.

767 F.2d 21 (1985)

NO EAST-WEST HIGHWAY COMMITTEE, INC., Plaintiff, Appellant, v. John P. CHANDLER, as New Hampshire Highway Commissioner, Defendant, Appellee.

United States Court of Appeals, First Circuit.

July 12, 1985.

Attorney(s) appearing for the Case

Haynes N. Johnson, Danbury, Conn., with whom Johnson, Chambliss and Wardenburg, Danbury, Conn., David F. Cavers, Jr. and Powers & Hall, Boston, Mass., were on brief, for plaintiff, appellant.

Peter C. Scott, Asst. Atty. Gen., Concord, N.H., with whom Stephen E. Merrill, Atty. Gen., Steven M. Houran, Asst. Atty. Gen., and Michael J. Walls, Concord, N.H., were on brief, for defendant, appellee.

Before CAMPBELL, Chief Judge, RUBIN and BREYER, Circuit Judges.

LEVIN H. CAMPBELL, Chief Judge.

This is an appeal by the No East-West Highway Committee, Inc. ("NEWHC") from a decision by the United States District Court for the District of New Hampshire denying NEWHC's motion for a preliminary injunction to restrain the appellee, John P. Chandler, the New Hampshire Highway Commissioner, from proceeding with the Marlborough Route 101/Main Street Highway Project ("the Project") on the grounds that it is a "major Federal action"...

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