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STATE OF COLO. v. IDARADO MIN. CO.

Nos. 89-1077, 89-1326, 89-1344 and 90-1129.

916 F.2d 1486 (1990)

STATE OF COLORADO, Plaintiff-Appellee, v. IDARADO MINING COMPANY, et al., Defendants-Appellants and Third-Party Plaintiffs, v. BAUMGARTNER OIL COMPANY, et al., Third-Party Defendants.

United States Court of Appeals, Tenth Circuit.

October 11, 1990.

Attorney(s) appearing for the Case

James D. Ellman, Asst. Atty. Gen., CERCLA Litigation Section (Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., & Michael R. Hope, Deputy Atty. Gen., CERCLA Litigation Section, with him on the brief), State of Colo., Denver, Colo., for plaintiff-appellee.

Nancy C. Shea, Shea & Gardner, Washington, D.C. (James R. Bieke, Michael S. Giannotto & Paula A. Sweeney, Shea & Gardner, Washington, D.C. and Christopher Lane & Cassandra G. Sasso, Sherman & Howard, Denver, Colo., with her on the brief), for defendants-appellants and third-party plaintiffs.

Richard B. Stewart, Asst. Atty. Gen., David C. Shilton & Dirk D. Snel, Attys., Land and Natural Resources Div. Appellate Section, Dept. of Justice, and Charles Openchowski, Office of the General Counsel & Nancy Mangone, Office of Enforcement and Compliance Monitoring, U.S.E.P.A., Washington, D.C., for the U.S., amicus curiae.

Before McKAY, ANDERSON and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Defendants-appellants Idarado Mining Company, Newmont Mining Corporation, and Newmont Services Limited appeal from a mandatory injunction issued by the district court on February 22, 1989. Plaintiff-appellee State of Colorado (State) is the beneficiary of the injunction, issued on the authority of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. §§ 9601-9626, as amended by the 1986 Superfund...

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