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MANSFIELD AMBULANCE SERVICE COMPANY, INC. v. VOLPE

Civ. A. No. 72-379.

356 F.Supp. 175 (1973)

MANSFIELD AMBULANCE SERVICE COMPANY, INC., dba Byrd Ambulance Service et al., Plaintiffs, v. John VOLPE, Secretary of the Department of Transportation, et al., Defendants.

United States District Court, S. D. Ohio, E. D.

January 18, 1973.

Attorney(s) appearing for the Case

R. Brooke Alloway and James DeLeone, Topper, Alloway, Goodman, DeLeone & Duffey, Columbus, Ohio, for plaintiffs.

William Milligan, U. S. Atty., and Gary Brinsfield, Asst. U. S. Atty., for the U. S.

Enid Rubenstein, Atty. for National Highway Traffic Safety Administration, Department of Transportation, Washington, D. C., for defendants.

OPINION AND ORDER

KINNEARY, Chief Judge.

This matter is before the Court upon the motions of all defendants to dismiss or in the alternative for summary judgment.

This is an action for both injunctive relief and monetary damages.1 The plaintiff2 has invoked the jurisdiction of the Court under the provisions of 23 U.S.C. § 401 et seq., and...

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