WINNEBAGO TRIBE OF NEBRASKA, Appellant,
v.
Col. James W. RAY, District Engineer, Omaha District, United States Army, Corps of Engineers, Iowa Public Service Company, and Nebraska Public Power District, Appellees.
United States Court of Appeals, Eighth Circuit.https://leagle.com/images/logo.png
Submitted November 7, 1979.
Decided March 13, 1980.
Attorney(s) appearing for the Case
Michael D. Gooch, Intertribal Legal Services, Winnebago, Nev. (argued), and Lawrence Hammerling, Omaha, Neb., on brief, for appellant.
Jerry Jackson, Atty., Dept. of Justice, App. Section, Land & Natural Resources Div., Washington, D.C., argued, for appellees.
James J. DeMars, Barlow, Johnson, De-Mars & Flodman, Lincoln, Neb., argued, for appellees and on brief, for Iowa Public Service Co. and Nebraska Public Power District.
Sanford Sagalkin, Acting Asst. Atty. Gen., Washington, D.C., Edward G. Warin, U.S. Atty. and David A. Kubichek, Asst. U.S. Atty., Omaha, Neb., Raymond N. Zagone and Robert L. Klarquist, Attys., Dept. of Justice, Washington, D.C., on brief, for federal appellees.
Before LAY, Chief Judge, and BRIGHT and McMILLIAN, Circuit Judges.
United States Court of Appeals, Eighth Circuit.
BRIGHT, Circuit Judge.
Winnebago Tribe of Nebraska (the Tribe) appeals an order of the district court1 denying its request for a permanent injunction to bar construction of a proposed power line running from Raun, Iowa, to Hoskins, Nebraska. The Tribe claims the district court erred in holding that the issuance of a permit to cross the Missouri River by the Army Corps of Engineers (Corps) was not a "major federal action" within the meaning...
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