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L.S.S. LEASING v. U.S. GENERAL SERVICES ADMIN.

No. 83 Civ. 6952 (GLG).

579 F.Supp. 1565 (1984)

L.S.S. LEASING CORP.; Corona Taxpayers Civic Association, Inc.; Parent Teachers Association of P.S. 14; American Legion Post 298; Sherwood Village Cooperative A, Inc.; Sherwood Village Cooperative B, Inc.; Sherwood Village Cooperative C, Inc.; Sherwood Village Cooperative D, Inc.; 6 Brothers Restaurant & Pizza, Inc.; Quality Donuts, Inc.; 58-01 Junction Food Corp.; Halkios Restaurant Corporation; Norma Cirino; and Donald Mallozzi, Plaintiffs, v. UNITED STATES GENERAL SERVICES ADMINISTRATION; Gerald P. Carmen, as Administrator of the General Services Administration; William J. Diamond, as Regional Administrator, Region 2 of the General Services Administration; United States Social Security Administration; Martha McSteen, as Acting Commissioner of the Social Security Administration; Peter P. DiSturco, as Regional Commissioner, Region 2 of the Social Security Administration; United States Department of Health and Human Services: Margaret M. Heckler, as Secretary of the United States Department of Health and Human Services, Defendants.

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

February 16, 1984.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty., S.D. N.Y., New York City, Frederick A.O. Schwarz, Jr., Corp. Counsel for the City of New York by Patricia R. Kruger, Asst. Corp. Counsel, for defendants; Kathleen A. Roberts, Asst. U.S. Atty., New York City, of counsel.

Berle, Butzel, Kass & Case, New York City, for plaintiffs; Stephen L. Kass, Robert S. Davis, Carol A. Buckler, New York City, of counsel.

OPINION

GOETTEL, District Judge.

At issue in this case is the Queens Federal Building now under construction in Jamaica, New York, and whether the federal government has complied with the requirements of the National Environmental Policy Act ("NEPA"), 42 U.S.C. § 4321 et seq. (1976), and with its own administrative procedures as outlined in the Public Buildings Act of 1959 ("PBA"), 40 U.S.C. § 606 (1976). Before the Court is a motion in...

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