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SAVE OUR HEALTH ORGANIZATION v. RECOMP OF MINN.

Civ. No. 4-92-1258.

829 F.Supp. 288 (1993)

SAVE OUR HEALTH ORGANIZATION, a citizen's group; Hustad Housing Company, a Minnesota corporation; Lee and Cocoa Robertson; Freihammer Family Limited Partnership, a Minnesota limited partnership; Ron Freihammer; Ray and Alphonse Freihammer; Richard Matthews; David Brooks; Northern Leisure, a Minnesota corporation, William and Mary Deters Carpeting, a Minnesota partnership; Doug Yozamp; RAL Yield and Equities III Limited Partnership, a Wisconsin limited partnership, d/b/a Clover Leaf Mobile Park, Plaintiffs, v. RECOMP OF MINNESOTA, INC., a Minnesota corporation; and the Minnesota Pollution Control Agency, Defendants.

United States District Court, D. Minnesota, Fourth Division.

August 13, 1993.

Attorney(s) appearing for the Case

Lawrence A. Moloney, Timothy J. Dolan, and Doherty, Rumble & Butler, P.A., Minneapolis, MN, for plaintiffs.

Robert E. Cattanach, Peter V. O'Connor, and Oppenheimer Wolff & Donnelly, St. Paul, MN, and Mark S. Anderson, and Hillstrom Bale Anderson Young Polstein & Person, Ltd., Minneapolis, MN, for defendant Recomp of Minnesota, Inc.

Hubert H. Humphrey III, Atty. Gen., and Ann E. Cohen, Sp. Asst. Atty. Gen., St. Paul, MN, for defendant Minnesota Pollution Control Agency.

ORDER

DOTY, District Judge.

This matter is before the court on defendant Recomp of Minnesota, Inc.'s ("Recomp") motion to dismiss pursuant to Rules 12(b)(1) or 12(b)(6) of the Federal Rules of Civil Procedure.1 Based on a review of the file, record and proceedings herein, the court grants Recomp's motion.

BACKGROUND

On June 6, 1991, the MPCA issued solid waste permit number SW-265 to Recomp.

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