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NEIGHBORHOOD TRANSP. NETWORK, INC. v. PENA

No. 94-1192.

42 F.3d 1169 (1994)

NEIGHBORHOOD TRANSPORTATION NETWORK, INC., a Minnesota nonprofit corporation; State of Minnesota, by Neighborhood Transportation Network, Inc.; Peter Bull; Kim Dewey; Scott Dibble; Michael Larson; John McIntire; S. Dore Mead; John Nylen; Michael O'Neal; Gerry Sell, each individually and on behalf of the State of Minnesota, Plaintiffs-Appellants, v. Federico F. PENA, Secretary of the United States Department of Transportation, individually and in his official capacity; Charles E. Foslien, Administrator, Federal Highway Administration, individually and in his official capacity; James Denn, Commissioner of the Minnesota Department of Transportation, individually and in his official capacity, Defendants-Appellees, Metropolitan Council, and its members, individually and in their official capacity, Defendants, City of Minneapolis, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided December 15, 1994.

Attorney(s) appearing for the Case

Bruce Rasmussen, Minneapolis, MN, argued (Scott R. Carlson, on the brief), for appellant.

Sherry A. Enzler, Asst. Atty. Gen., St. Paul, MN, argued (Hubert Humphrey III, Donald J. Mueting, David L. Lillehaug and Friedrich A.P. Siekert, on the brief), for appellee.

Before MAGILL, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LOKEN, Circuit Judge.

LEVIN H. CAMPBELL, Senior Circuit Judge.

This appeal raises issues relating to two highway construction projects on a stretch of Interstate 35W ("I-35W") in and near Minneapolis. Plaintiffs Neighborhood Transportation Network, Inc. et al. sued Federico Pena, Secretary of the U.S. Department of Transportation, et al. seeking to enjoin construction on the smaller and most imminent of the two projects, alleging a violation of the National Environmental Policy Act, 42...

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