STATE OF IDAHO v. HANNA MIN. CO.

Civ. No. 83-4179.

699 F.Supp. 827 (1987)

The STATE OF IDAHO, Plaintiff, v. HANNA MINING COMPANY, Noranda Mining, Inc., Noranda Exploration, Inc., Defendants.

United States District Court, D. Idaho.

December 23, 1987.


Attorney(s) appearing for the Case

Jim Jones, Idaho Atty. Gen., John J. Hockberger, Jr., Patrick J. Kole, Cheryl R. Koshuta, Deputy Attys. Gen., Dept. of Health and Welfare, Div. of Environment, Clive J. Strong, Chief, Natural Resources Div., State of Idaho, Boise, Idaho, for plaintiff.

Gary D. Babbitt, Don A. Olowinski, Hawley, Troxell, Ennis & Hawley, Boise, Idaho, Wesley F. Merrill, Kim B. Loveland, Merrill & Merrill, Pocatello, Idaho, for Hannah Min. Co.

W. Hugh O'Riordan, Lindsay, Hart, Neil & Weigler, Boise, Idaho, Anthony O. Garvin, Landels, Ripley & Diamond, San Francisco, Cal., for Noranda Min., Inc. and Noranda Exploration, Inc.


MEMORANDUM DECISION

CALLISTER, Chief Judge.

The Court has before it defendants' motion to dismiss and/or for summary judgment. Because the Court has examined matters outside the pleadings, the Court will treat this motion as one for summary judgment. See Fed.R.Civ.P. 12(b). The Court has heard oral argument on the motion and it is ready to be resolved. The Court must determine whether there exist any genuine issues of material fact. See Fed...

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