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EROSION VICTIMS OF LAKE SUPERIOR REGULATION v. U.S.

No. 87-1279.

833 F.2d 297 (1987)

EROSION VICTIMS OF LAKE SUPERIOR REGULATION, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 10, 1987.

Attorney(s) appearing for the Case

J. Walter Brock, McCroskey, Feldman, Cochrane & Brock, Muskegon, Mich., argued for plaintiffs-appellants.

Kathleen P. Dewey, Dept. of Justice, Land & Natural Resources Div., Washington, D.C., argued for defendant-appellee. With her on the brief were F. Henry Habicht, II, Asst. Atty. Gen., Edward J. Shawaker and Patricia N. Young.

Before MARKEY, Chief Judge, FRIEDMAN and NIES, Circuit Judges.

MARKEY, Chief Judge.

Appeal from an order of the United States Claims Court dismissing the complaint of Erosion Victims of Lake Superior Regulation for failing to state a claim against the United States. 12 Cl.Ct. 68 (1987). We affirm.

BACKGROUND*

The United States and Canada are parties to the Boundary Waters Treaty, Jan. 11, 1909, United States-United Kingdom, 36 Stat. 2448, T.S. No. 548, which established an International...

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