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STATE OF MINNESOTA, SPANNAUS v. CALLAWAY

No. 3-75-Civ-120.

401 F.Supp. 524 (1975)

STATE OF MINNESOTA, By its Attorney General, Warren SPANNAUS, and its Pollution Control Agency, Plaintiff, v. Howard H. CALLAWAY, Secretary Department of the Army, et al., Defendants.

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

October 9, 1975.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Eldon G. Kaul, Asst. Atty. Gen., and William P. Donohue, Sp. Atty. Gen., St. Paul, Minn., for plaintiff.

Robert G. Renner, U. S. Atty., Stephen G. Palmer, Asst. U. S. Atty., Minneapolis, Minn., and Michael O. Graves, Dept. of Justice, Washington, D. C., for defendants.

MEMORANDUM & ORDER

DEVITT, Chief Judge.

In this declaratory judgment action brought by the State of Minnesota against certain federal officials, the issue is whether the U. S. Corps of Engineers must comply with Minnesota laws and regulations governing pollution abatement in its dredging operations on the Mississippi River and elsewhere. We hold it must.

The matter is before the court on defendants' motion to dismiss under Rule 12 based on their...

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