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SCENIC HUDSON PRESERVATION CONFERENCE v. CALLAWAY

No. 73 Civ. 4276.

370 F.Supp. 162 (1973)

SCENIC HUDSON PRESERVATION CONFERENCE et al., Plaintiffs, v. Howard H. CALLAWAY, Individually and as Secretary of the Army, Department of the Defense, U.S.A., et al., Defendants.

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

December 28, 1973.

Attorney(s) appearing for the Case

Berle, Butzel & Kass, New York City, Winer Neuburger & Sive, New York City, for plaintiffs.

Paul J. Curran, U. S. Atty., S. D. N. Y., New York City, for defendants Howard H. Callaway, Lt. General William C. Gribble, Jr., and Colonel Harry W. Lombard.

LeBoeuf, Lamb, Leiby & MacRae, New York City, for Consolidated Edison Co. of New York, Inc.

MEMORANDUM

LASKER, District Judge.

This suit opens the third round of federal litigation involving the controversial Storm King project1 since approval for its construction was first sought in 1963.2 The proposed facility is a pumped storage hydroelectric generating plant of approximately 2,000 megawatts capacity to be constructed by the Consolidated Edison Company ("Con Ed") on the west bank of the...

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