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DAVIS v. SLATER

No. 2:00-CV-0993C.

148 F.Supp.2d 1195 (2001)

Nicole and Brad DAVIS, individuals; Kent Player, an individual; Matt Arnett, an individual; Rick Taylor, an individual; Jan Sharp, an individual; and Dennis Dalley, an individual, Plaintiffs, v. Rodney E. SLATER, Secretary, Department of Transportation; Kenneth C. Wykle, Administrator, Federal Highway Administration; David Gibbs, Division Administrator, Federal Highway Administration, Utah Division; and Thomas R. Warne, Executive Director, Utah Department of Transportation, Defendants.

United States District Court, D. Utah, Central Division.

July 2, 2001.

Attorney(s) appearing for the Case

Jeffrey W. Appel, James L. Warlaumont, Jennifer Lupton Crane, Appel & Warlaumont, Salt Lake CIty, UT, for Plaintiffs.

Stephen L. Roth, U.S. Atty. Office, Clay Samford, U.S. Dept. of Justice, Washington, DC, James R. Soper, Steven F. Alder, Thomas A. Mitchell, Utah Atty. Gens. Office, Salt Lake City, UT, for Defendants.

ORDER

CAMPBELL, District Judge.

This matter is before the court on Plaintiffs' motion for preliminary injunction. The court held a hearing on the matter on May 24, 2001. Plaintiffs seek declaratory and injunctive relief, barring further road construction by State of Utah Defendants, and challenging the decision of the Secretary of the Department of Transportation to allow highway construction after performing an Environmental Assessment ("EA") and issuing...

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