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AFTON ALPS, INC. v. UNITED STATES

Civ. No. 5-74-43.

392 F.Supp. 543 (1974)

AFTON ALPS, INC., et al., Plaintiffs, v. UNITED STATES of America et al., Defendants.

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

November 1, 1974.

Attorney(s) appearing for the Case

Irving R. Brand, David Karan, Maslon, Kaplan, Edelman, Borman, Brand & McNulty, Minneapolis, Minn., for plaintiffs.

Robert G. Renner, U. S. Atty., and Stephen G. Palmer, Asst. U. S. Atty., Minneapolis, Minn., for U. S.

Robert S. Fastov, Chief, Litigation and Liquidation Div., Economic Development Admin., Washington, D. C., for Dent, Blunt and EDA.

William P. Dinan, City Atty., and Robert E. Asleson, Asst. City Atty., Duluth, Minn., for Waide and Spirit Mountain Recreation Area Authority.

MEMORANDUM OPINION

HEANEY, Circuit Judge, by designation.

Congress enacted the Public Works and Economic Development Act, 79 Stat. 552, 42 U.S.C. §§ 3121-3226, on August 26, 1965. In its prologue section to the operative provisions of the Act, Congress declared:

* * * [T]hat the maintenance of the national economy at a high level is vital to the best interests of the United States, but that some of our regions, counties, and communities...

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