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SAVE THE DUNES COUNCIL, INC. v. LUJAN

No. 89-2412.

899 F.2d 647 (1990)

SAVE THE DUNES COUNCIL, INCORPORATED, Plaintiff-Appellant, v. Manuel LUJAN, Jr., individually and as Secretary of the Interior, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 10, 1990.

Rehearing and Rehearing Denied May 11, 1990.

Attorney(s) appearing for the Case

Edward W. Osann, Jr., Chicago, Ill., Patrick A. Parenteau, Washington, D.C., Donald J. Evans, Evans & Evans, Valparaiso, Ind., for plaintiff-appellant.

Andrew B. Baker, Jr., Asst. U.S. Atty., Office of the U.S. Atty., Paul A. Rake, Douglas B. Stebbins, Charles W. Webster, Eichhorn, Eichhorn & Link, Hammond, Ind., Jeffrey P. Kehre, Jacques B. Gelin, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., for defendant-appellee.

Paul A. Rake, Charles W. Webster, Eichhorn, Eichhorn & Link, Hammond, Ind., for amicus curiae, Northern Indiana Public Service Co.

Before CUMMINGS, FLAUM, and RIPPLE, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 11, 1990.

PER CURIAM.

This is a mandamus action brought by the Save the Dunes Council, Inc. ("Council") to compel the Secretary of the Interior ("Secretary") to purchase Crescent Dune owned by amicus curiae Northern Indiana Public Service Company ("Nipsco").

In August 1978 the Secretary filed suit in the court below to condemn part of the Crescent Dune, namely, Tract No. 96-101 of area III-B. Nipsco...

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