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BURLEIGH v. CALLOWAY

Civ. No. 73-3846.

362 F.Supp. 121 (1973)

Anne BURLEIGH, for herself and as Chairman of the Natatorium Preservation Committee, a non-profit association, et al., Plaintiffs, v. Howard CALLOWAY, Individually and as Secretary of the United States Army, et al., Defendants.

United States District Court, D. Hawaii.

August 1, 1973.

Attorney(s) appearing for the Case

Fred W. Rohlfing, Honolulu, Hawaii, for plaintiffs.

Harold M. Fong, U. S. Atty., William C. McCorriston, Asst. U. S. Atty., Honolulu, Hawaii, for defendants Calloway and Edelstein.

George Pai, Atty. Gen. of Hawaii, Melvin Nishimoto, Asst. Atty. Gen., Honolulu, Hawaii, for defendants Burns, Wright and Marland.

Richard K. Sharpless, Corp. Counsel, Gaylord A. Virden, Deputy Corp. Counsel, City and County of Honolulu, Honolulu, Hawaii, for defendant Fasi.

MEMORANDUM DECISION ON MOTION FOR PRELIMINARY INJUNCTION

PENCE, Chief Judge.

This action brought by personally concerned citizens and community groups under the National Environmental Policy Act of 1969 (NEPA), 42 U.S. C. 4331, et seq., seeks to enjoin all acts in furtherance of the Waikiki Beach Erosion Control Project which might demolish the Hawaii war memorial known as the Natatorium. The Waikiki Beach Erosion Control Project is state and federally funded...

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