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UNITED STATES v. HOMESTAKE MINING CO.

No. 78-1728.

595 F.2d 421 (1979)

UNITED STATES of America, Appellant, v. HOMESTAKE MINING COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 30, 1979.

Attorney(s) appearing for the Case

Nancy B. Firestone, Atty., App. Section, Land & Natural Resources Div., Dept. of Justice, Washington, D. C. (argued), James W. Moorman, Asst. Atty. Gen., Washington, D. C., David V. Vrooman, U. S. Atty., Sioux Falls, S. D., Shelley M. Stump, Asst. U. S. Atty., Rapid City, S. D., Dirk D. Snel, Washington, D. C., on brief, for appellant.

A. P. Fuller of Amundson & Fuller, Lead, S. D., argued and on brief, for appellee.

Before GIBSON, Chief Judge, HENLEY, Circuit Judge, and HANSON, Senior District Judge.

HANSON, Senior District Judge.

The United States appeals from an order of the district court granting appellee Homestake Mining Company's motion for relief from a consent decree and stipulation pursuant to Rules 60(b)(5), (6), F.R.Civ.P. The consent decree and stipulation were in settlement of an action brought by the United States to enforce the 1972 Amendments to the Federal Water Pollution Control Act (FWPCA) (now referred to as the Clean Water Act) as they pertained...

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