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STEELE CREEK COMMUNITY ASS'N v. U. S. DEPT. OF TRANSP.

No. C-C-75-186.

435 F.Supp. 196 (1977)

STEELE CREEK COMMUNITY ASSOCIATION, Plaintiff, v. The UNITED STATES DEPARTMENT OF TRANSPORTATION, and Coleman, William T., Jr., Secretary thereof, and Dow, James E., Acting Administrator of the Federal Aviation Administration, and the City of Charlotte, North Carolina, a municipal corporation, and Belk, John, Mayor thereof, and the Charlotte-Mecklenburg Board of Education, and North Carolina Department of Transportation and G. Perry Greene, Secretary, Defendants.

United States District Court, W. D. North Carolina, Charlotte Division.

As Corrected September 8, 1977.

Attorney(s) appearing for the Case

Hugh G. Casey, Jr. and George S. Daly, Jr., Casey, Daly & Bennett, P. A., Charlotte, N. C., for plaintiff.

Keith S. Snyder, U. S. Atty., Asheville, N. C., William W. Sturges and John J. Doyle, Jr., Weinstein, Sturges, Odom, Bigger & Jonas, P. A., Henry W. Underhill, Jr., City Atty., William E. Underwood, Jr., Caudle, Underwood & Kinsey, Charlotte, N. C., and James B. Richmond, Sp. Deputy Atty. Gen. of N. C., Raleigh, N. C., for defendants.

MEMORANDUM OF DECISION

McMILLAN, District Judge.

This case was heard July 18, 19, 20 and 21, 1977, on the questions whether defendants have now complied with the Environmental Protection Act and other pertinent statutes and regulations, and whether the injunction against further runway construction entered in August, 1975, should now be dissolved. The court is of the opinion that although plaintiffs have made a strong showing that the extra runway is not...

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