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UNITED STATES v. RESERVE MIN. CO.

No. 5-72-Civ-19.

431 F.Supp. 1248 (1977)

UNITED STATES of America et al., Plaintiffs and Plaintiffs-Intervenors, v. RESERVE MINING COMPANY et al., Defendants and Defendants-Intervenors.

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

May 26, 1977.

Attorney(s) appearing for the Case

John Varnum, Washington, D.C., for plaintiff United States.

Michael Ferring, St. Paul, Minn., for the United States Army Corps of Engineers.

Byron E. Starns, Philip J. Olfelt, C. Paul Faraci and James M. Schoessler, St. Paul, Minn., for plaintiff State of Minnesota.

William P. Dineen, Robert Asleson, Daniel C. Berglund, Duluth, Minn., for plaintiff City of Duluth.

Howard Vogel, Minneapolis, Minn., for plaintiffs Minnesota Environmental Law Institute, Inc., Northern Environmental Council, Save Lake Superior Ass'n, Michigan Environmental Student Confederation, Inc., and Environmental Defense Fund, Inc.

Edward T. Fride, Duluth, Minn., and Maclay R. Hyde, Minneapolis, Minn., for defendant Reserve Mining Co.

William T. Egan, Minneapolis, Minn., for defendant Republic Steel Co.

John B. Gordon and G. Alan Cunningham, Minneapolis, Minn., for defendant Armco Steel Co.

Wayne G. Johnson, Silver Bay, Minn., for defendants Village of Beaver Bay, Silver Bay Chamber of Commerce, Village of Silver Bay, Town of Beaver Bay, and Lax Lake Property Owners Ass'n.

DEVITT, Chief Judge.

Defendants seek modification of this court's order enjoining Reserve's discharges of taconite tailings into Lake Superior effective July 7, 1977. That order was premised on the apparent failure of Minnesota and Reserve to agree to a suitable on-land disposal site. However, the location of the on-land disposal site, a controversy which has plagued this litigation for more than three years, now has been determined by order of the Minnesota Supreme...

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