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CITY OF BURLINGTON v. TURNER

Civ. No. 5-104-D.

336 F.Supp. 594 (1972)

The CITY OF BURLINGTON, an Iowa Municipal Corporation, Plaintiff, v. Francis C. TURNER, as Administrator, Federal Highway Administration, and John A. Volpe, as Secretary, United States Department of Transportation, Defendants.

United States District Court, S. D. Iowa, Davenport Division.

January 12, 1972.

Attorney(s) appearing for the Case

Robert E. Stine, Springfield, Ill., J. C. Riley, and James Fisch, Burlington, Iowa, for plaintiff, City of Burlington.

Allen L. Donielson, U. S. Atty., and John B. Grier, Asst. U. S. Atty., Des Moines, Iowa, for defendants.

Don A. Petruccelli, Davenport, Iowa, Lyman R. Fort, Stronghurst, Ill., for intervening petitioners, Lucy Olson et al.

Donald H. Sitz, Davenport, Iowa, for International Bridge, Tunnel & Turnpike Assn.

MEMORANDUM AND ORDER

HANSON, Chief Judge.

This is an action for a declaratory judgment and for injunctive relief brought under the Administrative Procedure Act, 5 U.S.C. § 501 et seq., in which this Court is asked to review a decision of the Federal Highway Administrator ("Administrator") that the toll structure set by plaintiff City of Burlington for its toll bridge over the Mississippi River is unreasonable and unjust under the Bridge Act of 1906...

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