ALBERT CLARK ET AL., PLAINTIFFS-APPELLANTS,
v.
JOHN A. VOLPE, SECRETARY OF TRANSPORTATION OF THE UNITED STATES OF AMERICA, ET AL., DEFENDANTS-APPELLEES, BOH BROTHERS CONSTRUCTION CO., INC., THE CITY OF NEW ORLEANS, INTERVENORS-APPELLEES

5th Cir. | 1972-07-10
No. 72-1631
461 F.2d 1266 Court of Appeals for the Fifth Circuit (1972) Caution
Cited by 14 cases

Opinion of the Court
PER CURIAM:

PER CURIAM:

This is a class action in which plaintiffs seek to enjoin the construction, already in progress when suit was filed, of Interstate Highway 610 through City Park in the City of New Orleans. Suit was filed February 24, 1972, and on March 21, 1972, after an evidentiary hearing confined to the issue of laches, the court dismissed the action by application of the doctrine of laches. Its reasons for judgment are set forth in 342 F.Supp. 1324.

The decision of the District Court must be, and is, affirmed. Ragland v. Mueller, 460 F. 2d 1196 [5th Cir., 1972.]


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