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U.S. v. GREAT PLAINS GASIFICATION ASSOCIATES

Nos. 86-5225, 86-5240.

819 F.2d 831 (1987)

UNITED STATES of America and Berton J. Roth, As Substitute Trustee Under the Mortgage Dated January 15, 1982, with Great Plains Gasification Associates, Appellees, State of North Dakota, ex rel, Nicholas J. Spaeth, Attorney General of North Dakota, Intervenors/Appellees, v. GREAT PLAINS GASIFICATION ASSOCIATES, ANR Gasification Properties Company, As a Partner of Great Plains Gasification Associates, MCN Coal Gasification Company, as a Partner of Great Plains Gasification Associates, Tenneco SNG Inc., As a Partner of Great Plains Gasification Associates, Pacific Synthetic Fuel Company, As a Partner of Great Plains Gasification Associates, Natural Gas Pipeline Company of America, ANR Pipeline Company, formerly Michigan Wisconsin Pipe Line Company, Tennessee Gas Pipeline Company, and Transcontinental Gas Pipe Line Corporation, Appellants. NATURAL GAS PIPELINE CO. OF AMERICA, v. FEDERAL FINANCING BANK.

United States Court of Appeals, Eighth Circuit.

Decided May 19, 1987.

Rehearing Denied July 14, 1987.

Rehearing and Rehearing Denied July 28, 1987.

Attorney(s) appearing for the Case

Robert A. Helman, Chicago, Ill., for appellants.

Dean S. Cooper, Dept. of Justice, Washington, D.C., for appellees.

Nicholas Spaeth, Atty. Gen., Bismarck, N.D., for intervenor/appellee State of N.D.

Before ROSS, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and CAHILL, District Judge.

Rehearing and Rehearing En Banc Denied July 28, 1987.

ROSS, Circuit Judge.

This appeal is related to a recent decision by this court in United States v. Great Plains Gasification Associates, 813 F.2d 193 (8th Cir.1987). Both appeals arose out of the financing, construction and operation of the Great Plains Coal Gasification Plant in North Dakota, a facility which converts lignite coal into synthetic gas (the project...

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