UNITED STATES v. RESERVE MINING CO.

No. 5-72 Civ.-19.

417 F.Supp. 791 (1976)

UNITED STATES of America, Plaintiff, The State of Michigan et al., Plaintiffs-Intervenors, State of Minnesota and Minnesota Pollution Control Agency, Plaintiffs, v. RESERVE MINING COMPANY et al., Defendants, Northeastern Minnesota Development Association et al., Defendants-Intervenors.

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

August 9, 1976.


Attorney(s) appearing for the Case

John E. Varnum, Washington, D. C., for plaintiff United States of America.

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

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

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

Howard J. 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.

Dennis J. Korman, Cloquet, Minn., for City of Cloquet.

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

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

John Gordon and G. Allen 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, Lax Lake Property Owners Assn.


MEMORANDUM AND ORDER

DEVITT, Chief Judge.

The City of Cloquet, claiming that its water supply, drawn from Lake Superior, has been damaged by defendant Reserve Mining Company's discharges of industrial wastes, seeks to intervene in this lawsuit in order to impose liability on Reserve. Cloquet contends that either Rule 24(a)(2) — intervention of right — or 24(b)(2) — permissive intervention — authorizes its participation in this...

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