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FRIENDS OF THE EARTH, INC. v. BUTZ

No. CV-75-23-BLG.

406 F.Supp. 742 (1975)

FRIENDS OF THE EARTH, INC., a New York Corporation, et al., Plaintiffs, v. Earl L. BUTZ, in his official capacity as Secretary of Agriculture, et al., Defendants.

United States District Court, D. Montana, Billings Division.

September 17, 1975.

Attorney(s) appearing for the Case

William L. Madden, Jr., Bozeman, Mont., for plaintiffs.

Keith L. Burrowes, Asst. U. S. Atty., Billings, Mont., James M. Haughey and Robert E. Lee, Crowley, Kilbourne, Haughey, Hanson & Gallagher, Billings, Mont., and Robert T. Connery, R. Brooke Jackson, Holland & Hart, Denver, Colo., for defendants.

MEMORANDUM AND ORDER

BATTIN, District Judge.

Presently pending is the motion of defendant Johns-Manville Sales Corporation (JMSC) for the entry of summary judgment in its favor and the dismissing of plaintiffs' complaint.

Since 1967, JMSC has been exploring for minerals of economic value within the Custer National Forest in an area known as the "Stillwater Complex." On October 25, 1975, JMSC requested written approval of the Forest Service of an...

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