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STATE OF N.D. v. BUTERBAUGH

Civ. No. A2-81-178.

575 F.Supp. 783 (1983)

STATE OF NORTH DAKOTA, Board of Managers, Towner County Water Resource District, Board of Managers, Pierce County Water Resource District, Board of Managers, Benson County Water Resource District, and Board of Managers, Rolette County Water Resource District, Plaintiffs, v. Galen L. BUTERBAUGH, Regional Director, U.S. Fish and Wildlife Service; Bob Jansen, Director, U.S. Fish and Wildlife Service; and James G. Watt, Secretary, U.S. Department of the Interior, Defendants.

United States District Court, D. North Dakota, Northeastern Division.

December 22, 1983.

Attorney(s) appearing for the Case

Murray G. Sagsveen, Sp. Asst. Atty. Gen., Bismarck, N.D., for plaintiffs.

Lynn E. Crooks, Asst. U.S. Atty., Fargo, N.D., for defendants; James C. Kilbourne, Atty., Dept. of Justice, Wildlife & Marine Resources Section, Washington, D.C., of counsel.

MEMORANDUM AND ORDER

BENSON, Chief Judge.

This action relates to acquisition by the Interior Department, Fish and Wildlife Service, of waterfowl production area easements under and around Hurricane Lake, located in a part of Benson and Towner Counties, North Dakota. The ultimate relief which plaintiffs seek in the case is a right-of-way permit across lands covered by the defendants' easements. Plaintiffs plan to improve the outlet channel and partially drain...

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