ELR Citation: ELR 20693
No(s). 72-1941 (3d Cir. Jul 2, 1973)

The Court of Appeals for the Third Circuit affirms the denial of a preliminary injunction but reverses summary judgment for the defendant. The court finds an unresolved issue of fact as to whether federal approval of the design of a disputed section of I-95 was granted prior to the enactment of legislation requiring a design public hearing. Although the location of this section of I-95 had been challenged unsuccessfully by the township of Hopewell in two earlier lawsuits, the court notes that neither the doctrine of res judicata nor that of collateral estoppel bars these plaintiffs from litigating the issue of compliance with design hearing and approval requirements.

Counsel for Appellants
Levy, Levy, Albert & Marcus
Broad Street Bank Building
143 East State Street
Trenton, NJ 08608

David Sive
James A. Burke
Winer, Neuberger & Sive
425 Park Avenue
New York, NY 10022

Counsel for Appellees
Carl R. Woodward, III Assistant U.S. Attorney
U.S. Attorney's Office
U.S. Courthouse
Newark, NJ 07102

Daly D.E. Temchine
Richard L. Rudin Deputy Attorneys General
209 South Broad Street
Trenton, NJ 08625