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HOPEWELL TOWNSHIP CITIZENS I-95 COMMITTEE v. VOLPE

Civ. A. No. 1500-72.

369 F.Supp. 1318 (1973)

HOPEWELL TOWNSHIP CITIZENS I-95 COMMITTEE et al., Plaintiffs, v. John A. VOLPE, as Secretary of the United States Department of Transportation, et al., Defendants.

United States District Court, D. New Jersey.

December 18, 1973.

Attorney(s) appearing for the Case

Levy, Levy, Albert & Marcus, by Philip J. Albert, Trenton, N. J., and Winer, Newburger & Sive, by David Sive, New York City, for plaintiffs.

Herbert J. Stern, U. S. Atty., by Carl R. Woodward, III, Asst. U. S. Atty., for John A. Volpe, Ralph B. Bartelsmeyer, and Robert I. Kellum.

George F. Kugler Jr., Atty. Gen. of N. J., by Richard L. Rudin, Deputy Atty. Gen., for John C. Kohl.

OPINION AND ORDER

CLARKSON S. FISHER, District Judge.

In this action, plaintiffs seek a declaratory judgment and a permanent injunction halting construction of a 3.4 mile segment of Interstate Highway 95 (I-95) near Hopewell, New Jersey.

Originally, this Court denied a preliminary injunction and granted a motion for summary judgment brought by the defendants. An appeal to the Third Circuit Court of Appeals ensued and that Court reversed the grant...

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