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UNITED STATES EX REL. MATTSON v. NORTHWEST PAPER CO.

Nos. 5-70 Civ. 59, 5-70 Civ. 74.

327 F.Supp. 87 (1971)

UNITED STATES of America ex rel. Robert W. MATTSON, and Robert W. Mattson on his own behalf and of all other Citizens of the State of Minnesota, Plaintiff, v. NORTHWEST PAPER COMPANY, Defendant. UNITED STATES of America ex rel. Robert W. MATTSON, and Robert W. Mattson on his own behalf and of all other Citizens of the State of Minnesota, Plaintiff, v. CONWED CORPORATION, Defendant.

United States District Court, D. Minnesota, Fifth Division.

April 16, 1971.

Attorney(s) appearing for the Case

Dygert & Gunn, by Richard J. Gunn; Mastor, Mattson, Lindstrom, Hart & Seran, by Wayne H. Olson, and Robert W. Mattson, Minneapolis, Minn., for plaintiff.

Dorsey, Marquart, Windhorst West & Halladay by Edward J. Schwartzbauer, Minneapolis, Minn., for defendant Northwest Paper Company.

Briggs & Morgan, by Leonard J. Keyes, St. Paul, Minn., for Conwed Corporation.

NEVILLE, District Judge.

The question here presented on defendants' motions to dismiss is: Can plaintiff a private citizen who himself has suffered no property injury or damage other than as a member of the general public, and who alleges pollution of navigable waters by two manufacturing establishments or mills which discharge "refuse" into said waters bring a civil action qui tam1 to recover a portion of a criminal penalty, i...

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