No. 35, Orig.

420 U.S. 515 (1975)


Supreme Court of United States.

Decided March 17, 1975.

Attorney(s) appearing for the Case

Solicitor General Bork argued the cause for the United States. With him on the brief were Assistant Attorney General Johnson, Deputy Solicitor General Wallace, Keith A. Jones, and Bruce C. Rashkow.

Brice M. Clagett argued the cause for defendants. With him on the briefs for the Common Counsel States were Michael Boudin, W. Laird Stabler, Jr., Attorney General, and Charles Brandt, Assistant Attorney General of Delaware, Jon A. Lund, Attorney General, and Lee M. Schepps, Assistant Attorney General of Maine, Francis B. Burch, Attorney General, and Henry R. Lord, Deputy Attorney General of Maryland, Robert H. Quinn, former Attorney General, Francis X. Bellotti, Attorney General, and Henry Herrmann, Special Assistant Attorney General of Massachusetts, Warren B. Rudman, Attorney General, and David H. Souter, Deputy Attorney General of New Hampshire, William F. Hyland, Attorney General, and Elias Abelson, Assistant Attorney General of New Jersey, Louis J. Lefkowitz, Attorney General, and Joseph T. Hopkins, Assistant Attorney General of New York, Richard J. Israel, Attorney General, and W. Slater Allen, Jr., Assistant Attorney General of Rhode Island, Andrew P. Miller, Attorney General, and Gerald L. Baliles, Deputy Attorney General of Virginia. On the brief for defendants the States of North Carolina et al. were Rufus Edmisten, Attorney General, and Jean A. Benoy, Deputy Attorney General of North Carolina, Daniel R. McLeod, Attorney General, and Edward B. Latimer, Assistant Attorney General of South Carolina, and Arthur K. Bolton, Attorney General, and Alfred L. Evans, Jr., Assistant Attorney General of Georgia.*

MR. JUSTICE WHITE delivered the opinion of the Court.

Seeking to invoke the jurisdiction of this Court under Art. III, § 2, of the Constitution and 28 U. S. C. § 1251 (b), the United States in April 1969 asked leave to file a complaint against the 13 States bordering on the Atlantic Ocean—Maine, New Hampshire, Massachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina...

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