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INTAKE WATER CO. v. YELLOWSTONE RIVER COMPACT

No. 84-3895.

769 F.2d 568 (1985)

INTAKE WATER COMPANY, a Delaware corporation, Plaintiff-Appellant, v. YELLOWSTONE RIVER COMPACT COMMISSION; Gary Fritz; George Christopulos and L. Grady Moore, as members of the Yellowstone River Compact Commission; Mike Greely, Attorney General of the State of Montana; Vernon Fahy, the State Engineer of the State of North Dakota; and the North Dakota State Water Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1985.

Attorney(s) appearing for the Case

Peter C. Pauly, Loble & Pauly, P.C., Helena, Mont., E. Barrett Prettyman, Jr., Mary Anne Mason, Hogan & Hartson, Washington, D.C., Stanley K. Hathaway, Hathaway, Speight & Kunz, Cheyenne, Wyo., Boyd L. Henderson, Alex T. Wyche, Houston, Tex., for plaintiff-appellant.

Lawrence J. Wolfe, Asst. Atty. Gen., Cheyenne, Wyo., Joseph J. Cichy, Bismarck, N.D., Blake Watson, Jacques B. Gelin, Dept. of Justice, Washington, D.C., Donald D. MacIntyre, Tim D. Hall, Helena, Mont., for defendants-appellees.

Jack Gage, Hanes, Gage & Burke, P.C., Cheyenne, Wyo., for amicus curiae: Wyoming Heritage Society.

Before ANDERSON and TANG, Circuit Judges, and TASHIMA, District Judge.

J. BLAINE ANDERSON, Circuit Judge:

Intake Water Company, a Delaware corporation, appeals a three-judge district court's grant of the Yellowstone River Compact Commission's motion to dismiss for failure to state a claim. Fed.R.Civ.P. 12(b)(6). We have jurisdiction, 28 U.S.C. § 1291,1 and affirm.

I. BACKGROUND

The Yellowstone River Compact fixes the water usage of all waters of the Yellowstone River Basin. It was enacted...

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