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OAHE CONSERVANCY SUB-DISTRICT v. ALEXANDER

No. CIV78-1006.

452 F.Supp. 714 (1978)

OAHE CONSERVANCY SUB-DISTRICT, a political Sub-division of the State of South Dakota, and the James River Flood Control Association, a non-incorporated South Dakota Association and the Tacoma Park Association, a South Dakota Corporation, Plaintiffs, v. Clifford L. ALEXANDER, Jr., Secretary of the Army, Lieutenant General John W. Morris, Chief of Engineers, Department of the Army, Colonel William Ray, District Engineer, Omaha District, Corps of Engineers, Defendants.

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

May 1, 1978.

Attorney(s) appearing for the Case

Tom P. May, Aberdeen, S. D., for plaintiffs.

Robert D. Hiaring, First Asst. U. S. Atty., Sioux Falls, S. D., and Gary D. Blair, Asst. Dist. Counsel, Omaha District, Corps of Engineers, Omaha, Neb., for defendants.

Murray G. Sagsveen, Asst. Atty. Gen., Bismarck, N. D., amicus curiae for the State of North Dakota.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Plaintiffs seek a preliminary injunction preventing the Corps of Engineers from discharging any water from the Jamestown and Pipestem Dams in North Dakota until such time as the flooding conditions along the James River in northern South Dakota are adequately alleviated. This matter was originally presented before the Court on April 12, 1978, at which time plaintiffs requested a temporary restraining order. At the...

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