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RINGSRED v. DOLE

No. 86-5354.

828 F.2d 1300 (1987)

Eric RINGSRED, an individual; Appellant, v. Elizabeth DOLE, Secretary of the United States Department of Transportation, individually and in her official capacity; Ray Barnhart, Administrator of the Federal Highway Administration, individually and in his official capacity; Richard Braun, Commissioner of the Minnesota Department of Transportation, individually and in his official capacity; John Pawlak, District Engineer, District One, Minnesota Department of Transportation, individually and in his official capacity; the City of Duluth, a Minnesota Home Rule Charter City, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided September 14, 1987.

Attorney(s) appearing for the Case

Gerald J. Brown, Duluth, Minn., for appellant.

Donald Muting, Asst. Atty. Gen., St. Paul, Minn., and Vicki L. Plaut, of the Dept. of Justice, Washington, D.C., for appellees.

Before McMILLIAN, JOHN R. GIBSON and WOLLMAN, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Eric Ringsred brought this action to prevent the extension of I-35, a four-lane freeway, from 10th Avenue East through 26th Avenue East in Duluth, Minnesota. The freeway will enter a tunnel near 10th Avenue East and continue beneath the rose garden area of Leif Erikson Park. The road emerges from the tunnel at approximately 13th Avenue East and will use 0.2 acres of parkland. The freeway will then continue to 26th Avenue East, following...

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