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STATE OF UTAH v. ANDRUS

Nos. C 79-0037, C 79-0307.

486 F.Supp. 995 (1979)

The STATE OF UTAH, by and through its Division of State Lands, Plaintiff, v. Cecil D. ANDRUS, Individually and as Secretary of the United States Department of the Interior; Frank Gregg, Individually and as Director of the Bureau of Land Management within the Department of the Interior; William Whalen, Individually and as Director of the National Park Service within the Department of the Interior; Robert S. Bergland, Individually and as Secretary of the United States Department of Agriculture; and John McGuire, Chief of the Forest Service within the Department of Agriculture, Defendants. UNITED STATES of America, Plaintiff, v. COTTER CORPORATION, a subsidiary of Commonwealth Edison, Defendant. STATE of UTAH, by and through its Division of State Lands, Defendant-in-Intervention.

United States District Court, D. Utah, C. D.

October 1, 1979.

Attorney(s) appearing for the Case

Robert B. Hansen, Atty. Gen., Richard L. Dewsnup, Dallin W. Jensen, Asst. Attys. Gen., Salt Lake City, Utah, for plaintiff.

Ronald L. Rencher, U. S. Atty., and James R. Holbrook, Asst. U. S. Atty., Salt Lake City, Utah, for defendant United States of America.

Dale A. Kimball, Martineau, Rooker, Larsen & Kimball, Salt Lake City, Utah, and John D. Havens, Lakewood, Colo., for defendant Cotter Corp.

Kea Bardeen, and James G. Watt, Denver, Colo., for amicus curiae Mountain States Legal Foundation, Utah Mining Association, Independent Petroleum Association of the Mountain States, and Independent Petroleum Association of America.

Mary Jane Due, Washington, D. C., for amicus curiae American Mining Congress.

MEMORANDUM OPINION, DECREE AND INJUNCTION

(In Lieu of Findings of Fact, Conclusions of Law, and Order, under Rule 52, F.R.C.P.)

ALDON J. ANDERSON, Chief Judge.

This is a case of first impression involving important questions concerning the administration and use of public lands. Plaintiff, the United States, filed suit on May 25, 1979, seeking a temporary restraining order to prevent Cotter Corporation (hereinafter Cotter) from engaging in "any...

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