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Kennedy Building Associates v. CBS Corp.

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Submitted: October 15, 2008

Before BYE, JOHN R. GIBSON, and SMITH, Circuit Judges.

In Kennedy Building Associates v. CBS Corporation (Kennedy II), 476 F.3d 530 (8th Cir. 2007), we remanded in part for modification of the district court’s injunction, asking the district court to determine which requirements of the Minnesota Decision Document were necessary to accomplish the goals of the Minnesota Environmental Rights Act (MERA). Minn. Stat. § 116B.01 et seq. The district court’s modified injunction states that CBS has “substantially complied” with the Minnesota Decision Document and imposes no additional requirements. Kennedy appeals. Kennedy also argues that the district court’s order denying its requests to increase the amount of the performance bond posted by CBS and for post-judgment response costs was in error. We affirm in part and vacate and remand in part.

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