MONARCH CHEMICAL WORKS, INC. v. THONE

No. 79-1181.

604 F.2d 1083 (1979)

MONARCH CHEMICAL WORKS, INC., Appellant, v. Governor Charles THONE, Jack Falconer, City of Omaha, a Municipal Corporation, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 16, 1979.


Attorney(s) appearing for the Case

Annette Mason (argued) of Ross & Mason, Bruce G. Mason, Omaha, Neb., on brief for appellant.

Patrick W. Kennison, Asst. City Atty., Omaha, Neb., argued; Herbert M. Fitle and James E. Fellows, Omaha, Neb., on brief for appellee City of Omaha.

John E. Brown, Asst. Atty. Gen., Lincoln, Neb., argued; Paul L. Douglas, Atty. Gen. and Gary R. Welch, Asst. Atty. Gen., Lincoln, Neb., on brief for appellee Governor.

Before GIBSON, Chief Judge, HEANEY and McMILLIAN, Circuit Judges.


HEANEY, Circuit Judge.

Monarch Chemical Works, Inc., appeals from an order of the District Court, refusing to permanently enjoin the construction of a medium-minimum security prison by the State of Nebraska in the East Omaha area of Omaha, Nebraska. Monarch contends that the construction of this facility without a full environmental review violates the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. § 4321 et seq., and the Federal Housing and...

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