A-G-E CORP. v. U.S. OFFICE OF MGT. & BUDGET

Civ. No. 88-5130.

753 F.Supp. 836 (1990)

A-G-E CORPORATION, a South Dakota Corporation; Gerald Johnson, as Shareholder in A-G-E Corporation; J.H. Hilt Engineering, Inc., a South Dakota Corporation; Joe Hilt as Majority Shareholder in J.H. Hilt Engineering, Inc.; Mining Corporation, Inc., a Delaware corporation; John Williams, an employee of Mining Corporation, Inc.; William Ernest Simmons, a former employee of Mining Corporation, Inc.; The Associated General Contractors of South Dakota, Inc., a South Dakota corporation, Plaintiffs, v. UNITED STATES of America Acting By and Through the OFFICE OF MANAGEMENT AND BUDGET and The Department of Interior, Executive Branch Agencies and Richard G. Darman, the Director of the Office of Management and Budget and his successors in office, and Manual Lujan, Jr., the Secretary of the Department of Interior and his successors in office, Defendants.

United States District Court, D. South Dakota, W.D.

November 29, 1990.


Attorney(s) appearing for the Case

Ronald G. Schmidt, Gary F. Colwill, Mark A. Moreno, Schmidt, Schroyer, Colwill & Barnett, Pierre, S.D., for plaintiffs.

Tracy L. Merritt, Sandra M. Schraibman, Attys., Dept. of Justice, Civ. Div., Washington, D.C., Philip N. Hogen, U.S. Atty., Sioux Falls, S.D., for defendants.


MEMORANDUM OPINION AND ORDER

BATTEY, District Judge.

Plaintiffs bring this action pursuant to the provisions of 28 U.S.C. § 1651 (diversity of citizenship), and 28 U.S.C. §§ 2201 and 2202 (declaratory judgment). Jurisdiction is invoked under 28 U.S.C. § 1331 (federal question).

NATURE OF CASE

(a) General

This protracted and somewhat convoluted case has been before this Court since October 17, 1988. The case...

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