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UNITED FAMILY FARMERS, INC. v. KLEPPE

No. CIV 74-3016.

418 F.Supp. 591 (1976)

UNITED FAMILY FARMERS, INC., a South Dakota Corporation, et al., Plaintiffs, v. Thomas KLEPPE, Individually and as Secretary of the Department of the Interior of the United States, et al., Defendants.

United States District Court, D. South Dakota, C. D.

August 18, 1976.

Attorney(s) appearing for the Case

Martin Weeks, Bogue, Weeks & Rusch, Vermillion, S. D., and John Davidson, School of Law, University of South Dakota, Vermillion, S. D., for plaintiffs.

William F. Clayton, U. S. Dist. Atty., for the District of South Dakota, Sioux Falls, S. D., Robert D. Hiaring, Asst. U. S. Atty., Sioux Falls, S. D., Andrew F. Walch, Dept. of Justice, Washington, D. C., and A. E. Bielefeld, Field Sol., Dept. of Interior, Billings, Mont., for federal defendants.

D. J. McClure, Redfield, S. D., for intervenor Spink Irrigation District.

Thomas P. Tonner, Aberdeen, S. D., for intervenor West Brown Irrigation District.

Raymond A. Gallagher, Redfield, S. D., for intervenor Oahe Conservancy Sub-District.

Jerald McNeary, Aberdeen, S. D., for Friends of Oahe.

MEMORANDUM DECISION

NICHOL, Chief Judge.

This is an action for declaratory and injunctive relief. Plaintiffs seek certain declarations that the defendants have failed to comply with statutory and treaty requirements, mandamus compelling such compliance, and injunction pending such compliance. Plaintiffs' amended complaint focuses upon the acts of the defendants in conjunction with the Oahe Diversion Unit (hereinafter Unit) of the Missouri River Basin Project...

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