STATE OF IDAHO EX REL. ANDRUS v. CLICK

Civ. No. 1-70-83.

434 F.Supp. 839 (1977)

STATE OF IDAHO ex rel. Cecil D. ANDRUS, Governor, et al., Plaintiffs, v. James CLICK, Sr., Eugene B. Weiss and Orral Lake, Individually and as a mining partnership, Defendants.

United States District Court, D. Idaho.

May 26, 1977.


Attorney(s) appearing for the Case

Wayne L. Kidwell, Atty. Gen., State of Idaho, Peter E. Heiser, Jr., Chief Deputy Atty. Gen., Boise, Idaho, for plaintiffs.

Barry Marcus, Marcus & Marcus, Boise, Idaho, for defendants.

Before KILKENNY and ANDERSON, Circuit Judges, and McNICHOLS, District Judge.


MEMORANDUM ORDER

The Court is called upon to determine whether or not the Defendants may relitigate their federal claims in this Court following a submission, trial, and decision of the same issues presented to a State Court.

It will be remembered that this Court heretofore dismissed the Complaint of the Plaintiffs on jurisdictional grounds. At the same time we held that the Counterclaim presented adequate independent grounds to stand on its own jurisdictional...

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