WERNER v. U.S. DEPT. OF INTERIOR, FISH & WILDLIFE

No. 77-1958.

581 F.2d 168 (1978)

Edwin WERNER, Ken Vesterso, David Erickstad, Ronald Mackey, Archie Hoffman, Arnold Fike, Thomas J. Mann, David Schmiess, Herbert H. Hoffman, David L.Goertzen, Kenneth Simon, Nettie Dick, Walter Melland, Terry L. Johnson, James Novacek, Glynn Larson, George Laturnus, Sherman Severson, Ronald D. Teubner, Alwood Baker, Daniel Shirek, Ronald A. Loewen, Allen Loewen and George Ackre, Appellants, and Sherman Severson, Robert Harder, Arlo Hoffman, Kenneth Pollestad, Elmer Weaver, Alfred Eitzen, Newton Lindseth, Kent Vesterso, Kenneth Weaver and Lyle Sager, Appellants, v. UNITED STATES DEPARTMENT OF INTERIOR, FISH AND WILDLIFE SERVICE, BUREAU OF SPORT FISHERIES AND WILDLIFE, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 20, 1978.


Attorney(s) appearing for the Case

Albert A. Wolf of Wheeler, Wolf, Wefald & Peterson, Bismarck, N. D., for appellants.

Maryann Walsh, Atty., Dept. of Justice, Washington, D.C., argued; Sanford Sagalkin, Acting Asst. Atty. Gen., Washington, D. C., James R. Britton, U.S. Atty., and Lynn E. Crooks, Asst. U.S. Atty., Fargo, N. D., and Raymond N. Zagone and Kathryn A. Oberly, Attys., Dept. of Justice, Washington, D.C., on brief, for appellee.

Before STEPHENSON, Circuit Judge, INGRAHAM, Senior Circuit Judge, and HENLEY, Circuit Judge.


STEPHENSON, Circuit Judge.

Appellants are North Dakota landowners who entered into wetland easement agreements with the United States Department of Interior's Fish and Wildlife Service. Appellants brought an action in federal district court1 seeking injunctive relief against enforcement of the easements, recision of the easements, and damages. After a trial to the court, the district court held that it had no jurisdiction over appellants...

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