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SOUTH DAKOTA MINING ASS'N, INC. v. LAWRENCE COUNTY

No. 97-3861.

155 F.3d 1005 (1998)

SOUTH DAKOTA MINING ASSOCIATION, INC.; Homestake Mining Company, of California; Wharf Resources, a Montana General Partnership; Golden Reward Mining Company Limited Partnership; Naneco Minerals, Inc.; Fred J. Gali; Iwalana I. Gali, Plaintiffs-Appellees, v. LAWRENCE COUNTY, a Political Subdivision of the State of South Dakota, Defendant-Appellee, Jack Cole, Intervenor-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 16, 1998.

Attorney(s) appearing for the Case

Marvin D. Truhe, Rapid City, SD, argued (John Fitzgerald, Deadwood, SD, Rogert D. Hofer and David Pfeifle, Pierre, SD, Roger A. Tellinghuisen, Spearfish, SD, Linden R. Evans, Rapid City, SD, on the brief), for appellees.

William G. Taylor, Sioux Falls, SD, argued, for appellant.

Before McMILLIAN, LOKEN, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

Jack Cole appeals the district court's1 grant of summary judgment in favor of the South Dakota Mining Association, Inc., Homestake Mining Company of California, Wharf Resources, Golden Reward Mining Company, L.P., Naneco Minerals, Inc., Fred J. Gali, and Iwalana I. Gali (collectively, the plaintiffs), and its order permanently enjoining enforcement of a Lawrence County, South Dakota, ordinance prohibiting the issuance...

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