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STATE OF NEV., ETC. v. UNITED STATES

No. CIV-R-78-77-ECR.

512 F.Supp. 166 (1981)

STATE OF NEVADA ex rel. NEVADA STATE BOARD OF AGRICULTURE, Plaintiff, v. UNITED STATES of America et al., Defendants.

United States District Court, D. Nevada.

April 1, 1981.

Attorney(s) appearing for the Case

Richard H. Bryan, Atty. Gen., Larry D. Struve, Chief Deputy Atty. Gen., Harry W. Swainston, Deputy Atty. Gen., Carson City, Nev., for plaintiff.

B. Mahlon Brown, U. S. Atty., By Samuel Coon, Asst. U. S. Atty., Reno, Nev., for defendants.

MEMORANDUM DECISION

EDWARD C. REED, Jr., District Judge.

The defendants have moved, pursuant to Fed.R.Civ.P. 12(b)(6), to dismiss the Amended Complaint for failure to state a claim upon which relief can be granted. A hearing was held on September 8, 1980, the plaintiff being represented by Deputy Attorney General Harry W. Swainston and the defendants by Assistant U.S. Attorney Shirley Smith. At the Court's request...

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