MOUNTAIN STATES LEGAL FOUNDATION v. DOLE

Civ. A. No. 86-C-0778 A.

655 F.Supp. 1424 (1987)

MOUNTAIN STATES LEGAL FOUNDATION, on Behalf of its named member, Stephen B. ELLIS, and its unnamed members, Plaintiff, v. Elizabeth DOLE, individually and in her official capacity as the Secretary, United States Department of Transportation; R.A. Barnhart, individually and in his official capacity as the Administrator, Federal Highway Administration, United States Department of Transportation; Morris C. Reinhart, individually, and in his official capacity as the Regional Administrator, Federal Highway Administration; William D. Hurley, individually and in his official capacity as Director of the Utah Department of Transportation, and Mario Blanco, individually and in official capacity as Civil Rights Coordinator, Utah Department of Transportation, Defendants.

United States District Court, D. Utah, C.D.

March 23, 1987.


Attorney(s) appearing for the Case

Diane L. Vaksdal, Mountain States Legal Foundation, Denver, Colo., and James B. Lee, Parsons, Behle & Latimer, Salt Lake City, Utah, for plaintiff.

Margaret R. Nelson, Asst. U.S. Atty., Salt Lake City, Utah, and Richard S. Ugelow, Civil Rights Division, U.S. Dept. of Justice, Washington, D.C., for defendants.


MEMORANDUM OPINION AND ORDER ON FEDERAL DEFENDANTS' MOTION TO DISMISS FOR LACK OF STANDING

ALDON J. ANDERSON, Senior District Judge.

INTRODUCTION

On August 28, 1986, plaintiff, Mountain States Legal Foundation (hereinafter MSLF) filed this action on behalf of its named member, Stephen B. Ellis and other unnamed members, seeking declaratory and injunctive relief from Section 105(f) of the Surface Transportation Assistance Act of 1982, 96 Stat. 2100...

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