STATE OF S.D. v. HAZEN

No. 90-1750.

914 F.2d 147 (1990)

STATE OF SOUTH DAKOTA; State of North Dakota; State of Montana; Governor George A. Sinner, ex rel. the Citizens of North Dakota; Governor George S. Mickelson, ex rel. the Citizens of South Dakota; and Governor Stan Stephens, ex rel. the Citizens of Montana, Appellees, v. Colonel Donald E. HAZEN, District Engineer, Omaha District, United States Corps of Engineers; Colonel Eugene S. Witherspoon, Division Engineer, Missouri River Division, Corps of Engineers; Lt. General Henry J. Hatch, Chief of Engineers, Corps of Engineers; Robert W. Page, Assistant Secretary of the Army; and Michael P.W. Stone, Secretary of the Army, Department of the Army, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided September 12, 1990.


Attorney(s) appearing for the Case

John T. Stahr, Washington, D.C., for appellants.

William J. Janklow, Sioux Falls, S.D., for State of S.D.

Nicholas Spaeth, Bismarck, N.D., for State of N.D.

Before FAGG, BOWMAN and WOLLMAN, Circuit Judges.


BOWMAN, Circuit Judge.

The United States Army Corps of Engineers appeals an order of the District Court enjoining the Corps, until June 1, 1990, from releasing water from Lake Oahe reservoir, located in South Dakota, into the Missouri River at a rate greater than that at which water is flowing into the reservoir. The case originally came before this Court on an emergency motion for stay pending appeal of the preliminary injunction entered by the District Court on...

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