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TOWN OF FENTON v. DOLE

No. 72-CV-254.

636 F.Supp. 557 (1986)

TOWN OF FENTON, Plaintiff, v. Elizabeth M. DOLE, United States Secretary of Transportation; John G. Bestgen, Regional Administrator, Federal Highway Administration, U.S. Department of Transportation; Victor E. Taylor, Division Administrator, Federal Highway Administration, U.S. Department of Transportation; Franklin E. White, Commissioner of the New York State Department of Transportation; Donald N. Geoffrey, Regional Engineer, Region I, New York State Department of Transportation, Defendants.

United States District Court, N.D. New York.

March 19, 1986.

Attorney(s) appearing for the Case

Hinman, Howard & Kattell, James M. Hayes, James F. Lee, Albert J. Millus, Jr., of counsel, Binghamton, N.Y., for plaintiff.

Frederick J. Scullin, Jr., U.S. Atty., N.D. of N.Y., William Fanciullo, Asst. U.S. Atty., Kenneth Dymond, Asst. Regional Counsel, Albany, N.Y., for the U.S. Dept. of Transp., defendants.

Robert Abrams, Atty. Gen., James M. Zaccaria, Asst. Atty. Gen., William S. MacTiernan, Associate Atty. N.Y. State Dept. of Transp., Albany, N.Y., for New York State Dept. of Transp., defendants.

MEMORANDUM-DECISION AND ORDER

MUNSON, Chief Judge.

After years of planning, debate, reconsideration and the preparation of Environmental Impact Statements [EIS]s, the Secretary of the United States Department of Transportation [USDOT] has made a final selection of a route for the construction of the I-88/I-81 Connector at the southwest end of I-88 which will complete the last segment of Route I-88 between Schenectady and Binghamton, New York. Plaintiff,...

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