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UNITED STATES v. STATE OF N. D.

No. 80-1655.

650 F.2d 911 (1981)

UNITED STATES of America, Appellee, v. STATE OF NORTH DAKOTA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 3, 1981.

Rehearing Denied July 21, 1981.

Attorney(s) appearing for the Case

Allen I. Olson, Robert O. Wefald, Attys. Gen., State of N. D., Bismarck, N. D., Murray G. Sagsveen, Zuger & Bucklin, Bismarck, N. D., Sp. Asst. Atty. Gen., State of N. D., for appellant.

James W. Moorman, Asst. Atty. Gen., Washington, D. C., James R. Britton, U. S. Atty., Lynn E. Crooks, Asst. U. S. Atty., Fargo, N. D., Robert L. Klarquist, Dept. of Justice, Washington, D. C., for appellee.

Thomas G. Tomasello, Joel T. Thomas, Washington, D. C., for amici curiae National Wildlife Federation and North Dakota Wildlife Federation.

Before LAY, Chief Judge, ROSS, Circuit Judge, and ROBINSON, Senior District Judge.

ROBINSON, Senior District Judge.

This is an action by the United States to declare certain North Dakota statutes null and void because they are at odds with the provisions and purposes of federal statutes which protect migratory birds. The United States also seeks a declaration that the Secretary of the Interior can acquire land in North Dakota for "Waterfowl Production Areas" without obtaining the consent or approval of...

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