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STATE OF S. D. v. ANDRUS

No. CIV 77-5058.

462 F.Supp. 905 (1978)

STATE OF SOUTH DAKOTA v. Cecil D. ANDRUS, Secretary of U. S. Department of Interior, et al.

United States District Court, D. South Dakota.

December 26, 1978.

Attorney(s) appearing for the Case

Lawrence Kyte, Asst. Atty. Gen., State of South Dakota, Pierre, S. D., for plaintiff.

Robert D. Hiaring, U. S. Atty., Sioux Falls, S. D., Horace Jackson, Rapid City, S. D., for defendant.

MEMORANDUM OPINION

BOGUE, District Judge.

Plaintiff seeks both injunctive and declaratory relief thereby requesting this Court to determine that an environmental impact statement (hereinafter an EIS) must be prepared before defendant Pittsburgh Pacific Company can be granted the mineral patent to twelve twenty-acre mining claims located within the Black Hills National Forest, Lawrence County, South Dakota. Pittsburgh Pacific Company's application for a patent...

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