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ASSOCIATION CONCERNED ABOUT TOMORROW v. SLATER

Civil No. 3:83-CV-0585-H.

40 F.Supp.2d 823 (1998)

ASSOCIATION CONCERNED ABOUT TOMORROW, INC. ("ACT"), and Harry Englert, Plaintiffs, v. Rodney E. SLATER, as Secretary of the United States Department of Transportation, Jane Garvey, as Acting Federal Highway Administrator, David M. Laney, Chair, Texas Transportation Commission, and David E. Bernsen and Anne S. Wynn, Commissioners, Texas Transportation Commission, Defendants.

United States District Court, N.D. Texas, Dallas Division.

August 18, 1998.

Attorney(s) appearing for the Case

David O. Frederick & Kelly L. Haragan, Henry Lowerre Johnson Hess & Frederick, Austin, TX, for plaintiffs.

Mary Ann Kilgo, Assistant United States Attorney, Department of Justice, Dallas, TX, Charlene Sanders Bassel, Fedreal Highway Administration, Ft. Worth, TX, Ronda Leigh Neff, Assistant Attorney General of Texas, Austin, TX, for defendants.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SANDERS, Senior District Judge.

Before the Court is the Defendants' Motion to Dissolve Injunction and Dismiss Suit, filed April 7, 1998, Response of Plaintiffs ACT and Englert, filed April 28, 1998, and Reply to Plaintiffs ACT and Englert, filed May 13, 1998. The Court held an evidentiary hearing on July 13, 14, and 15, 1998.

This lawsuit, originally filed in 1983, was brought for declaratory and injunctive...

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