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CITIZENS TO PRESERVE OVERTON PARK, INC. v. VOLPE

Civ. A. No. C-70-17.

309 F.Supp. 1189 (1970)

CITIZENS TO PRESERVE OVERTON PARK, INC., William W. Deupree, Sr., Sunshine K. Snyder, Plaintiffs, Sierra Club and National Audubon Society, Inc. v. John A. VOLPE, Secretary of Transportation, and Charles W. Speight, Commissioner, Tennessee Department of Highways, Defendants.

United States District Court, W. D. Tennessee, W. D.

February 26, 1970.

Attorney(s) appearing for the Case

John W. Vardaman, Jr., Washington, D. C., and Charles F. Newman and W. J. Michael Cody, Memphis, Tenn., for plaintiffs Citizens to Preserve Overton Park, Inc., Deupree and Snyder.

H. Donald Harris, Jr., San Francisco, Cal., for plaintiff Sierra Club.

Donald C. Hays, New York City, for plaintiff National Audubon Society.

Thomas F. Turley, Jr., U. S. Atty., Memphis, Tenn., for defendant Volpe.

Lurton Goodpasture, Jr., Asst. State's Atty. Gen., Nashville, Tenn., and J. Alan Hanover, Memphis, Tenn., for defendant Speight.

MEMORANDUM DECISION AND JUDGMENT

BAILEY BROWN, Chief Judge.

This is an action to enjoin the Secretary of Transportation from releasing federal funds to the Highway Department of the State of Tennessee for construction of a segment of an expressway in the City of Memphis through Overton Park, which is a municipally owned and operated park used for a zoo and other recreational purposes. Plaintiffs Deupree and Snyder are residents, property owners and taxpayers...

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