A-G-E CORP. v. U.S.

No. 91-1597.

968 F.2d 650 (1992)

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-Appellants, v. UNITED STATES of America, acting By and Through; The OFFICE OF MANAGEMENT AND BUDGET, EXECUTIVE BRANCH AGENCY; The Department of Interior, Executive Branch Agency; Richard G. Darman, the Director of the Office of Management and Budget and his successors in office; Manual Lujan, Jr., the Secretary of the Department of Interior and his successors in office, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 30, 1992.


Attorney(s) appearing for the Case

Ronald G. Schmidt, Pierre, S.D., argued, for plaintiffs-appellants.

Alfred Mollin, Dept. of Justice, Washington, D.C., argued (William Kanter, Dept. of Justice, Washington, D.C., on the brief), for defendants-appellees.

Before BEAM, Circuit Judge, HEANEY, Senior Circuit Judge, and LOKEN, Circuit Judge.


LOKEN, Circuit Judge.

In this lawsuit, South Dakota and Colorado contractors and a trade association seek to enjoin the Department of the Interior (DOI) and the Office of Management and Budget (OMB) from permitting Wyoming and Montana to employ resident preferences when using funds granted under Title IV of the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. §§ 1231-43. The district court1 dismissed plaintiffs'...

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