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ROAD REVIEW LEAGUE, TOWN OF BEDFORD v. BOYD

No. 67 Civ. 481.

270 F.Supp. 650 (1967)

ROAD REVIEW LEAGUE, TOWN OF BEDFORD et al., Plaintiffs, v. Alan S. BOYD, individually and as Secretary of Transportation of the United States and Alexander D. Trowbridge, individually and as Acting Secretary of Commerce of the United States, Defendants.

United States District Court S. D. New York.

April 28, 1967.

Attorney(s) appearing for the Case

Kaye, Scholer, Fierman, Hays & Handler, New York City, for plaintiffs, Milton R. Wessel, R. Bradlee Boal, New York City, of counsel.

Robert M. Morgenthau, U. S. Atty., New York City, Southern District of New York, for defendants, Arthur S. Olick, Michael D. Hess, New York City, of counsel.

The Atlantic Chapter of the Sierra Club, amicus curiae, by Alfred S. Forsyth, New York City.

OPINION

McLEAN, District Judge.

This is an action to review and set aside a determination of the Federal Highway Administrator, approved by the Secretary of Commerce, made under the Federal Highways Act (23 U.S.C. § 101 et seq.). The complaint seeks a declaratory judgment determining that "the selection and approval by defendants of the Chestnut Ridge alignment for Interstate Route 87 is arbitrary, capricious and otherwise not in accordance with law...

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