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UNITED STATES v. WASHINGTON, VIRGINIA & MARYLAND COACH CO.

Civ. A. Nos. 1172-63, 2874-63.

268 F.Supp. 34 (1967)

UNITED STATES of America, Plaintiff, v. WASHINGTON, VIRGINIA & MARYLAND COACH COMPANY, Inc., Defendant, and D. C. Transit System, Inc., Washington Metropolitan Area Transit Commission, and Virginia State Corporation Commission, Intervenors-Defendant. WASHINGTON, VIRGINIA & MARYLAND COACH COMPANY, Inc., Plaintiff, and D. C. Transit System, Inc., Intervenor-Plaintiff, v. Stewart UDALL, Secretary of the Interior et al., Defendants.

United States District Court District of Columbia.

April 13, 1967.

Attorney(s) appearing for the Case

Thomas L. McKevitt, Dept. of Justice, Henry J. Monahan, Asst. U. S. Atty., for United States of America and Stewart Udall, Secretary of the Interior.

Manuel J. Davis, Washington, D. C., for Washington, Virginia & Maryland Coach Co., Inc.

Wilmer S. Schantz, Jr., Washington, D. C., for D. C. Transit System, Inc.

Russell W. Cunningham, Arlington, Va., for Washington Metropolitan Area Transit Commission and Virginia State Corporation Commission.

OPINION

SIRICA, District Judge.

This litigation involves a complex factual background and numerous legal issues; however, one issue stands out as paramount. That issue is whether the Secretary of the Interior through his delegate, the Director of the National Park Service, has discretionary power to limit suburban commuter bus traffic on part of the George Washington Memorial Parkway while not limiting such traffic on other parts of the Parkway. This litigation...

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