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OAHE CONSERVANCY SUB-DISTRICT v. ALEXANDER

No. 78-1006.

493 F.Supp. 1294 (1980)

In re OAHE CONSERVANCY SUB-DISTRICT, a Political Subdivision, 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, the Pentagon, Washington, D.C. 20310, Lieutenant General John W. Morris, Chief of Engineers, Department of the Army, Washington, D.C. 20314, Colonel William Ray, District Engineer, Omaha District, Corps of Engineers, 6014 U.S. Postoffice and Courthouse, Omaha, Nebraska 58102, Defendants, State of North Dakota, Intervenor as Party Defendant.

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

July 25, 1980.

Attorney(s) appearing for the Case

Tom P. May, Spokane, Wash., B. Elizabeth Ganje, Aberdeen, S.D., for Oahe Conservancy Sub-District.

Terry Pechota, U.S. Atty., Sioux Falls, S.D., for defendants Alexander and Morris.

Faye C. O'Connor, Asst. Dist. Counsel, Army Corps of Engineers, Omaha Dist., Omaha, Neb., for Corps of Engineers, defendant.

Michael A. Dwyer, Sp. Asst. Atty. Gen., North Dakota State Water Commission, Bismarck, N.D., for defendant-intervenor.

MEMORANDUM OPINION

DONALD J. PORTER, District Judge.

CASE SUMMARY

Plaintiffs brought this action for injunctive and declaratory relief relating to defendants' operation of the Jamestown and Pipestem dams in North Dakota. Plaintiffs' motion for preliminary injunction was denied by the Court in Oahe Conservancy Sub-District v. Alexander, 452 F.Supp. 714 (D.S.D.1978). The action was tried on the merits...

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