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BLOCK v. U.S. DEPT. OF TRANSP.

No. 86-5584.

822 F.2d 156 (1987)

Steven BLOCK, et al., Appellants, v. U.S. DEPARTMENT OF TRANSPORTATION, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 1987.

Attorney(s) appearing for the Case

David F. Walbert, Atlanta, Ga., for appellants.

William T. Dempster, Sp. Asst. U.S. Atty., of the Bar of New York State, Court of Appeals, Appellate Division, 2nd Department, pro hac vice by special leave of Court, with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, Michael J. Ryan, R. Craig Lawrence and Robert C. Seldon, Asst. U.S. Attys., Washington, D.C., were on the brief for appellees.

Before WALD, Chief Judge, SILBERMAN and D.H. GINSBURG, Circuit Judges.

Opinion for the Court filed by Chief Judge WALD.

WALD, Chief Judge:

The Federal-Aid Highway Act (Act) provides that the Secretary of Transportation (Secretary or Department) may withdraw her approval of a portion of the Interstate Highway System "[u]pon the joint request of a State Governor and the local governments concerned." 23 U.S.C. § 103(e)(4). On September 29, 1983, one day before the statutory deadline for approval of such withdrawals and concomitant...

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