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CITY OF RYE, NEW YORK v. SCHULER

No. 73 Civ. 100.

355 F.Supp. 17 (1973)

CITY OF RYE, NEW YORK et al., Plaintiffs, v. Raymond T. SCHULER, as Commissioner, Department of Transportation, State of New York, et al., Defendants.

United States District Court, S. D. New York.

February 13, 1973.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for plaintiffs City of Rye, Village of Bayville, Village of Mill Neck, Village of Lattingtown, Non-Partisan Civic Ass'n, Inc., Eden, Coates, Hazel L. Scudder, Saidie E. Scudder; Edward N. Costikyan and Robert S. Smith, New York City, of counsel.

John M. Conroy, Town Atty., Oyster Bay, N. Y., for plaintiff Town of Oyster Bay, New York.

Cravath, Swaine & Moore, New York City, for defendants William J. Ronan, as Chairman, Metropolitan Transportation Authority, and Metropolitan Transportation Authority; John R. Hupper and Norman J. Itzkoff, New York City, of counsel.

OPINION

MacMAHON, District Judge.

This is an action to enjoin corridor public hearings which are required by federal law as a prerequisite for obtaining federal aid for state highways. The challenged hearings are concerned with the location of approach roads to a proposed bridge over Long Island Sound between Rye, New York, and Oyster Bay, New York.

Plaintiffs are several municipalities where the proposed roads may be located, several citizens with...

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