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LIBBY ROD & GUN CLUB v. POTEAT

No. Cv-78-40-M.

457 F.Supp. 1177 (1978)

LIBBY ROD & GUN CLUB et al., Plaintiffs, v. John A. POTEAT et al., Defendants, and Western Environmental Trade Association of Montana, Intervenor.

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

Memorandum in Support of Grant of Preliminary Injunction September 28, 1978.

Attorney(s) appearing for the Case

James H. Goetz, Bozeman, Mont., Steven J. Perlmutter, Helena, Mont., for plaintiffs.

Robert T. O'Leary, U. S. Atty., Butte, Mont., for government defendants.

Shelton C. Williams of George, Williams & Benn, Missoula, Mont., for McMillin Bros. Constructors.

Lawrence F. Daly of Garlington, Lohn & Robinson, Missoula, Mont., for intervenor Western Environmental Trade Ass'n of Montana.

ORDER

WILLIAM D. MURRAY, Senior District Judge.

Plaintiffs have moved, pursuant to Rule 65(a) Federal Rules of Civil Procedure, for preliminary injunction to enjoin the defendants from proceeding with the Libby Additional Units and Reregulating Dam (LAURD) on the grounds that defendants have violated (1) 33 U.S.C. § 401 by proceeding with construction without the necessary authorization of Congress; (2...

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