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STATE OF S. D. v. ANDRUS

No. 79-1178.

614 F.2d 1190 (1980)

STATE OF SOUTH DAKOTA, Appellant, v. Cecil D. ANDRUS, as Secretary of United States Department of Interior; Joseph W. Goss, Anne Poindexter Lewis, and Martin Ritvo, as Administrative Judges of the United States Department of Interior, Interior Board of Land Appeals; George L. Turcott, as Acting Director of the United States Department of Interior, Bureau of Land Management; the United States Department of Interior; and Pittsburgh Pacific Company, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided February 12, 1980.

Attorney(s) appearing for the Case

Lawrence W. Kyte, Asst. Atty. Gen., Pierre, S. D., for appellant; Mark V. Meierhenry, Atty. Gen., and Roxanne Giedd, Asst. Atty. Gen., Pierre, S. D., on the brief.

Paula C. Phillips, Denver, Colo., for amicus curiae, Environmental Defense Fund, George W. Pring, Denver, Colo., on the brief.

Carl Strass, Atty., Dept. of Justice, Washington, D. C., for appellee, Federal; James W. Moorman, Asst. Atty. Gen., Washington, D. C., Robert D. Hiaring, U. S. Atty., Sioux Falls, S. D., Dirk D. Snel, Gerald S. Fish, Attys., Washington, D. C., on the brief.

Horace R. Jackson, Lynn, Jackson, Shultz & Lebrun, Rapid City, S. D., for appellee, Pittsburgh Pac. Co.

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

Jeff Masten and Sam W. Masten, Canton, S. D., filed brief amicus curiae.

Before BRIGHT and HENLEY, Circuit Judges, and REGAN, Senior District Judge.

HENLEY, Circuit Judge.

This is an appeal from a judgment entered by The Honorable Andrew W. Bogue of the United States District Court for the District of South Dakota dismissing the State of South Dakota's suit in which the State sought declaratory and injunctive relief to compel the United States Department of Interior to prepare an Environmental Impact Statement (EIS) prior to its issuance of a mineral patent to the Pittsburgh

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