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FAYETTEVILLE AREA CHAMBER OF COMMERCE v. VOLPE

Civ. No. 933.

386 F.Supp. 572 (1974)

FAYETTEVILLE AREA CHAMBER OF COMMERCE and Interstate 95 Committee, Plaintiffs, v. John A. VOLPE, Individually and as Secretary of Transportation, et al., Defendants.

United States District Court, E. D. North Carolina, Fayetteville Division.

February 1, 1974.

Attorney(s) appearing for the Case

J. O. Tally, Jr., Tally & Tally, Fayetteville, N.C., Morris Chertkov, Rowley & Scott, Washington, D.C., for plaintiffs.

Thomas P. McNamara, U. S. Atty., Jack B. Crawley, Jr., Asst. U. S. Atty., R. Bruce White, Jr., Deputy Atty. Gen., Raleigh, N.C., for defendants.

MEMORANDUM OF DECISION

DUPREE, District Judge.

In this action the plaintiffs, Fayetteville Area Chamber of Commerce and the Interstate 95 Committee, seek judicial review of the selection and approval of the defendants of a by-pass location of Federal Interstate Highway Route 95 around Fayetteville, North Carolina. Jurisdiction is laid under Section 10 of the Administrative Procedure Act, 5 U. S.C. § 702. In their complaint filed almost six years ago...

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