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RESERVE MIN. CO. v. MINNESOTA POLLUTION CONTROL AG.

No. 43117.

200 N.W.2d 142 (1972)

RESERVE MINING COMPANY, Respondent, v. MINNESOTA POLLUTION CONTROL AGENCY, Appellant.

Supreme Court of Minnesota.

August 18, 1972.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., John M. Mason, Chief Deputy Atty. Gen., St. Paul, for appellant.

Sullivan, Hanft, Hastings, Fride & O'Brien, and C. Byron Holje, Duluth, James L. Hetland, Jr., Minneapolis, for respondent.

Koll, Fahlgren & Hartfeldt, St. Paul, for Sierra Club, and its Minn. No. Star Chapter, etc.

Applequist, Nolan, Donovan, Larson, Barnes & Mathias, and Reavill, Neimeyer, Johnson, Fredin & Killen, Duluth, and Johnson & Thomas, Silver Bay, for Village of Silver Bay, and others, amicus curiae.

Heard and considered en banc.

TODD, Justice.

The Minnesota Pollution Control Agency (PCA) appeals from a judgment entered in the District Court of Lake County and from an order of that court denying PCA's motion for a new trial. PCA challenges those parts of the judgment which determined that the appeal of Reserve Mining Company from a PCA regulation had been timely filed; that regulation WPC 15(c)(6) was arbitrary and unreasonable as applied to Reserve; and that it was within the power of the...

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