CITIZENS, ETC. v. SECRETARY, U.S. DEPT. OF ENERGY

Nos. 81-1544, 81-1718.

683 F.2d 1171 (1982)

CITIZENS AND LANDOWNERS AGAINST THE MILES CITY/NEW UNDERWOOD POWERLINE; Joseph D. Bruch, Floyd A. Cammack; Anthony H. Bruch; Henry Bruch, Rex Schreckenghaust, South Dakota Public Utilities Commission, Appellant, v. SECRETARY, UNITED STATES DEPARTMENT OF ENERGY, in his official capacity; Golden Area Manager, Western Area Power Administration, in his official capacity; Billings Area Manager, Western Area Power Administration in his official capacity, Grand Electric Cooperative, Inc., Appellees. CITIZENS AND LANDOWNERS AGAINST THE MILES CITY/NEW UNDERWOOD POWERLINE; Joseph D. Bruch, Floyd A. Cammack; Anthony H. Bruch; Henry Bruch, Rex Schreckenghaust, Appellants, South Dakota Public Utilities Commission v. SECRETARY, UNITED STATES DEPARTMENT OF ENERGY, in his official capacity; Golden Area Manager, Western Area Power Administration, in his official capacity; Billings Area Manager, Western Area Power Administration, in his official capacity; Grand Electric Cooperative, Inc., Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 16, 1982.


Attorney(s) appearing for the Case

Mark V. Meierhenry, Atty. Gen. of S. D., Walter Washington, Asst. Atty. Gen., Public Utilities Com'n, Pierre, S. D., for appellant South Dakota Public Utilities Com'n.

Roberta Jean Earley, Spearfish, S. D., for appellants.

Marvin D. Truhe, Gene N. Lebrun, Lynn, Jackson, Shultz & Lebrun, P. C., Rapid City, S. D., Newell E. Krause, Krause & Seiler, Mobridge, S. D., for appellee Grand Elec. Coop.

Philip N. Hogen, U. S. Atty., D. S. D., Sioux Falls, S. D., Ted L. McBride, Asst. U. S. Atty., Rapid City, S. D., for appellees.

Before HEANEY, BRIGHT and STEPHENSON, Circuit Judges.


HEANEY, Circuit Judge.

This case involves the construction of a 230-kilovolt electrical transmission line from Miles City, Montana, to New Underwood, South Dakota. Appellants — South Dakota landowners, the citizens group they formed, and the South Dakota Public Utilities Commission — appeal from a decision of the district court denying their motion to enjoin construction of the powerline until the appellees...

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