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UNITED PLAINSMEN ASSN. v. N. D. STATE WATER CONSERVATION

Civ. No. 9234.

247 N.W.2d 457 (1976)

UNITED PLAINSMEN ASSOCIATION, a Non-Profit Corporation et al., Plaintiffs and Appellants, v. NORTH DAKOTA STATE WATER CONSERVATION COMMISSION, and Vernon Fahy, State Engineer, Defendants and Appellees.

Supreme Court of North Dakota.

November 19, 1976.

Attorney(s) appearing for the Case

Jos. A. Vogel, Jr., Mandan, for appellants.

Murray G. Sagsveen, Sp. Asst. Atty. Gen., Bismarck, for appellees.

PEDERSON, Justice.

This is an appeal by the United Plainsmen Association, a North Dakota non-profit corporation, from a decision of the district court of Burleigh County dismissing the complaint for failure to state a claim upon which relief could be granted.

The complaint sought an injunction against the North Dakota State Water Conservation Commission and Vernon Fahy, State Engineer. Should this court find that the trial court erred, then United Plainsmen...

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