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RESERVE MINING CO. v. LORD

Nos. 75-1867, 75-1942.

529 F.2d 181 (1976)

RESERVE MINING COMPANY et al., Petitioners, v. Honorable Miles W. LORD, Judge, United States District Court, District of Minnesota, Respondent. CITY OF DULUTH, Appellee, v. RESERVE MINING COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 6, 1976.

Attorney(s) appearing for the Case

Edward Fride, c/o Lindquist & Vennum, Minneapolis, Minn., made argument for Reserve.

Wayne Johnson, Johnson & Thomas, Silver Bay, Minn., made argument for intervenor, Silver Bay.

Byron E. Starns, Chief Deputy Atty. Gen. for the State of Minnesota, St. Paul, Minn., made argument for the State of Minnesota.

Edmund B. Clark, Chief, App. Section, Land & Natural Resources Div., U. S. Dept. of Justice, Washington, D. C., made argument for Dept. of Justice.

Robert McConnell, Asst. Atty. Gen., Madison, Wis., made argument for the State of Wisconsin.

Dan Berglund, Duluth, Minn., was permitted to make statement before the Court.

Miles W. Lord, United States District Judge, United States District Court for the District of Minnesota was permitted to make a statement before the Court.

Opinion of the Court by Circuit Judge LAY, Circuit Judge BRIGHT, Circuit Judge ROSS, Circuit Judge STEPHENSON, Circuit Judge WEBSTER and Circuit Judge HENLEY.

This court's prior opinion recites the long and difficult history of this case. Reserve Mining Co. v. Environmental Protection Agency, 514 F.2d 492 (8th Cir. 1975). The matter now comes to us on a petition for mandamus seeking to enjoin the district judge, the Honorable...

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