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KEITH v. VOLPE

No. 96-56437.

118 F.3d 1386 (1997)

Ralph W. KEITH; Esther May Keith; Harold E. Grady; Edith W. Grady; James B. Gillespie; Helen Gillespie; National Association for the Advancement of Colored People; Sierra Club; Environmental Defense Fund; Freeway Fighters, Plaintiffs-Appellees, v. John A. VOLPE, as Secretary of Transportation; Sheridan A. Farin; Donald E. Trull, as Division Engineer, Federal Highway Administration, Department of Transportation; California Highway Commission; California Department of Public Works; James A. Moe, as Director of California Department of Public Works; Robert Datel, as State Highway Engineer, Division of Highways, Department of Public Works, Defendants, Robert L. Kudler, Non-party-in-Interest-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 9, 1997.

Attorney(s) appearing for the Case

Charles F. Kester, Woodland Hills, CA; and Wayne W. Smith, Gibson, Dunn & Crutcher, Los Angeles, CA, for Non-party-in-Interest-Appellant.

Carlyle W. Hall, Jr., Andrew R. Henderson, Susanne M. Browne, Hall & Associates, Los Angeles, CA, for Plaintiffs-Appellees.

O.J. Solander, California Department of Transportation, Sacramento, CA, for Defendants.

Before: SCHROEDER, BRUNETTI and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether a federal consent decree bars the erection of outdoor advertising displays along the Interstate 105 freeway in Los Angeles County.

I

Robert L. Kudler, an advertising billboard developer, appeals the district court's entry of a preliminary injunction prohibiting the State of California Department of Transportation, Gary W. Bush, James W. Van Loben Sels, and their agents (collectively, "Caltrans")...

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