ELR Citation: ELR 20100
No(s). 70-C-5 (W.D. Wis. Oct 12, 1970)

In a suit brought to enjoin the operation of a signal system test facility, plaintiffs contended that their claim arose under federal law because the facility had not received FCC authorization, the Secretary of Defense had illegally delegated his authority to construct the project to subordinates, and NEPA had been ignored. The complaint is dismissed for lack of federal jurisdiction and for its failure to allege facts sufficient to support these contentions.

Counsel for Plaintiffs
Roy G. Tulane
William Chatterton
321 S. Hamilton Street
Madison, WI 53703

Counsel for Defendants
John O. Olsen U.S. Attorney
Madison, WI 53701

James O. Huber
735 N. Water Street
Milwaukee, WI 53202