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SAVE OUR HEALTH ORGANIZATION v. RECOMP OF MINN., INC.

Nos. 93-3284, 93-3330.

37 F.3d 1334 (1994)

SAVE OUR HEALTH ORGANIZATION, a Citizen's Group; Hustad Housing Co., a Minnesota Corporation; Lee Robertson; Cocoa Robertson; Freihammer Family Limited Partnership, a Minnesota Limited Partnership; Ron Freihammer; Ray Freihammer; Alphonse Freihammer; Richard Matthews; David Brooks; Northern Leisure, a Minnesota Corporation; William Deters; Mary Deters; Deters Carpeting, a Minnesota Partnership; Doug Yozamp; Ral Yield & Equities, doing business as Clover Leaf Mobile Home Park, a Wisconsin Limited Partnership, Appellants/Cross-Appellees, v. RECOMP OF MINNESOTA, INC., a Minnesota Corporation, Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided October 14, 1994.

Attorney(s) appearing for the Case

Lawrence A. Moloney, Minneapolis, MN, argued (Mark W. Haigh, on the brief), for appellants.

Robert Edward Cattanach, Jr., Minneapolis, MN, argued (Mark S. Anderson and Peter R. Bisio, on the brief), for appellees.

Before RICHARD S. ARNOLD, Chief Judge, ROSS, Senior Circuit Judge, and McMILLIAN, Circuit Judge.

RICHARD S. ARNOLD, Chief Judge.

The plaintiffs brought this citizen's suit under 42 U.S.C. § 7604 against Recomp of Minnesota, Inc. The plaintiffs allege that Recomp's odor emissions exceed those allowed under the Minnesota State Implementation Plan approved by the United States Environmental Protection Agency. The District Court1 first determined that it had jurisdiction over the suit and then granted the defendant's motion for summary...

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