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STATE OF S. D. v. ADAMS

No. 78-3051.

506 F.Supp. 60 (1980)

STATE OF SOUTH DAKOTA, Plaintiff, v. Brock ADAMS, United States Secretary of Transportation; Karl Bowers, Federal Highway Administrator; William A. Weseman, Division Highway Administrator and The United States of America, Defendants.

United States District Court, D. South Dakota, C. D.

April 9, 1980.

Attorney(s) appearing for the Case

Ronald G. Schmidt, Sp. Asst. Atty. Gen., Pierre, S. D., for plaintiff.

Terry L. Pechota, U. S. Atty., Sioux Falls, S. D., Judith S. Scolnick, Dept. of Justice, Edward V. A. Kussy, Deputy Asst. Chief Counsel for Right of Way and Environmental Law Division, Federal Highway Administration, Washington, D. C., for defendant.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

SUMMARY

This action was brought by the State of South Dakota [State], against the United States Secretary of Transportation [Secretary]. The State seeks to overturn the Secretary's final determination and order of November 9, 1978, because the order and determination is alleged to be arbitrary and capricious and to be based on a record not containing...

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