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HANLEY v. VOLPE

No. 69-C-302.

322 F.Supp. 1306 (1971)

Loretta HANLEY, Stanley MacArthur, Ernst Berger, Donna Runke, Richard De Rosia, Tenants' Union, an unincorporated association, and East Side Aged SOS Organization, an unincorporated association, Plaintiffs, v. John A. VOLPE, Individually and as Secretary, United States Department of Transportation, Frank C. Turner, individually and as Director of Public Roads, United States Department of Transportation, Federal Highway Administration, Bureau of Public Roads, Robert H. Paddock, individually and as Division Engineer, United States Department of Transportation, Federal Highway Administration, Bureau of Public Roads, William R. Redmond, individually, as Secretary of the Wisconsin Department of Transportation and as Chairman of the Wisconsin State Highway Commission, Louis J. Selzer, ind. and as Chairman (acting) Milwaukee County Expressway and Transportation Commission, and Robert W. Brannan, individually and as Transportation Director, Milwaukee County Expressway and Transportation Commission, Defendants.

United States District Court, E. D. Wisconsin.

January 28, 1971.

Attorney(s) appearing for the Case

James A. Walrath, Sara Joan Bales, Brian A. Jeffrey, Milwaukee, Wis., for plaintiffs.

Robert W. Warren, Atty. Gen. of Wis. by E. Gordon Young, Asst. Atty. Gen., Madison, Wis., for state defendants.

David J. Cannon, U. S. Atty. by Richard E. Reilly, Asst. U. S. Atty., Milwaukee, Wis., for federal defendants.

Robert P. Russell, Corporation Counsel, Milwaukee County, Milwaukee, Wis., for county defendants.

DECISION and ORDER

MYRON L. GORDON, District Judge.

There are several motions now pending before the court. The defendants Volpe, Turner and Paddock have moved for summary judgment. The defendant Redmond has moved for summary judgment and has also moved to dismiss on the ground that indispensable party defendants have not been joined. The plaintiffs have filed a cross motion for summary judgment in their favor.

I have determined that the defendants...

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