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ENVIRONMENTAL LAW FUND v. VOLPE

No. C-72-95.

340 F.Supp. 1328 (1972)

ENVIRONMENTAL LAW FUND, a corporation, et al., Plaintiffs, v. John A. VOLPE, as Secretary of the United States Department of Transportation, et al., Defendants.

United States District Court, N. D. California.

March 22, 1972.

Attorney(s) appearing for the Case

Ferguson & Capron, and Public Advocates, Inc., San Francisco, Cal., for plaintiffs.

Norval Fairman, Donald Velasco, Robert R. Buell for California Department of Public Works and various State defendants. James L. Browning, Jr., U. S. Atty., Paul Locke, Asst. U. S. Atty., San Francisco, California, for Federal defendants.

MEMORANDUM and ORDER

PECKHAM, District Judge.

Plaintiffs herein seek to enjoin construction of a Route 101 by-pass near Novato, California. The present Route 101 runs the length of the State of California and passes through the business section of Novato, where the traffic encounters low speed limits, three traffic signals, and congested conditions. Defendants have filed affidavits showing that a highway by-pass has been planned for over ten years, but various...

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