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BROOKS v. VOLPE

August 30, 1972

Richard J. BROOKS, a citizen, et al., Plaintiffs,
v.
John A. VOLPE, as Secretary of the United States Department of Transportation, et al., Defendants


Beeks, Chief Judge.


The opinion of the court was delivered by: BEEKS

BEEKS, Chief Judge.

 This matter having come on regularly for hearing on the 18th day of August, 1972, pursuant to an order of this Court directing defendants herein to show cause why further construction on the section of I-90 from Asahel Curtis Interchange to Snoqualmie Summit should not be enjoined until they have complied with the directives of this Court contained in its opinion filed herein on the 4th day of August, 1972. 350 F. Supp. 269. This Court having considered the files and records herein and the affidavits filed by defendants pursuant to the order to show cause; to wit, the Affidavit of William I. Hordan dated August 17, 1972; Affidavit No. 1 of Kenneth E. Wheeler dated August 17, 1972; Affidavit No. 2 of Kenneth E. Wheeler dated August 17, 1972; Affidavit of Orvis Lauritzen dated August 17, 1972, and the Affidavit of Irvin C. Lloyd dated August 16, 1972, and having considered the testimony of George H. Andrews, Director of Highways, and Kenneth E. Wheeler, and having considered the memoranda of the parties filed herein in connection with the show cause hearing, and having considered the oral argument of counsel and being fully advised in the premises now makes the following

 FINDINGS OF FACT

 1. Four contracts have been let for work on I-90 from Asahel Curtis Interchange to Summit of Snoqualmie Pass, consisting of Contract 8844 for construction of the Franklin Falls bridge; Contract 8916 for the construction of the Upper Snoqualmie River bridge; Contract 9092 for clearing and grading of the west bound lanes from Asahel Curtis Interchange to Denny Creek, together with the Asahel Curtis Interchange structures and the Denny Creek bridge; and Contract 9366 for foundation exploration in the Franklin Falls vicinity. 2. The expenditure for work performed to date and the amount of work completed on the above contracts is as follows: Payments to Construction % of Work Contract Contractor Engineering Complete 8844 $ 2,300,000 $ 160,000 95 8916 575,000 77,000 70 9092 3,625,000 435,000 31 9366 0 0 0 $ 6,500,000 $ 672,000 Right of Way Expenditure $ 605,400 88 Preliminary Engineering $ 1,002,100 95 Total Expenditure to Date $ 8,779,500

19720830

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