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ANACONDA COMPANY v. RUCKELSHAUS

No. 73-1272.

482 F.2d 1301 (1973)

The ANACONDA COMPANY, a Montana corporation, Plaintiff-Appellee, v. William D. RUCKELSHAUS, Administrator of the United States Environmental Protection Agency, et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided August 8, 1973.

Rehearing Denied September 5, 1973.

Attorney(s) appearing for the Case

Henry J. Bourguignon, Atty., Dept. of Justice (Wallace H. Johnson, Asst. Atty. Gen., James L. Treece, U. S. Atty., and Charles W. Johnson, Asst. U. S. Atty., Denver, Colo., and James A. Glasgow and Carl Strass, Attys., Dept. of Justice, on the brief), for defendants-appellants.

Harry L. Hobson of Holland & Hart, Denver, Colo. (Robert T. Connery and R. Brooke Jackson, Holland & Hart, Denver, Colo., on the brief), for plaintiff-appellee.

Before LEWIS, Chief Judge, and McWILIAMS and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is an action instituted in the United States District Court for Colorado by Anaconda Copper Company of Butte, Montana, seeking injunctive relief against various officials of the Environmental Protection Agency. Plaintiff sought relief against the promulgation of a proposed rule controlling emissions of sulfur oxide in Deer Lodge County, Montana unless and until defendants-appellants...

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