RESERVE MINING COMPANY v. UNITED STATES

No. 74-1291.

498 F.2d 1073 (1974)

RESERVE MINING COMPANY et al., Appellants, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 4, 1974.

Rehearing and Rehearing Denied June 21, 1974.


Attorney(s) appearing for the Case

Edward T. Fride, Duluth, Minn., and Wayne G. Johnson, Silver Bay, Minn., for appellants.

John G. Engberg, Minneapolis, Minn., for amicus.

Edmund B. Clark, Atty., Dept. of Justice, Washington, D. C., Byron E. Starns, Chief Deputy Atty. Gen., St. Paul, Minn., and Howard J. Vogel, Minneapolis, Minn., for appellees.

Before BRIGHT, ROSS and WEBSTER, Circuit Judges.


Rehearing and Rehearing En Banc Denied June 21, 1974.

BRIGHT, Circuit Judge.

Reserve Mining Company is a jointly owned subsidiary of Armco Steel Corporation and Republic Steel Corporation which mines low-grade iron ore, called "taconite," near Babbitt, Minnesota. The taconite is shipped by rail to Reserve's "beneficiating" plant at Silver Bay, Minnesota, on the north shore of Lake Superior, where it is concentrated into "pellets" containing some 65 percent...

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