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NORTH DAKOTA v. U.S. ARMY CORPS OF ENGINEERS

No. A1-03-050.

264 F.Supp.2d 871 (2003)

State of NORTH DAKOTA, et al., Plaintiffs, and State of South Dakota, and State of Nebraska, et al., Plaintiffs/Intervenors, v. The UNITED STATES ARMY CORPS OF ENGINEERS, et. al, Defendants.

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

May 29, 2003.

Attorney(s) appearing for the Case

Lyle Gregory Witham, Dean J. Haas, Bismarck, ND, for Plaintiffs/Intervenors.

Daniel W. Pinkston, U.S. Dept. of Justice, Denver, CO, Cameron W. Hayden, U.S. Attorney's Office, Bismarck, ND, Fred R. Disheroon, U.S. Dept. of Justice, Washington, DC, for U.S. Army Corps of Engineers.

Cameron W. Hayden, U.S. Attorney's Office, Bismarck, ND, Fred R. Disheroon, U.S. Dept. of Justice, Washington, DC, for David A Fastabend, Kurt F. Ubbelohde.

Daniel H. Israel, Boulder, CO, for Three Affiliated Tribes of Fort Berthold Reservation.

Clark Jay Bormann, Bormann Law Office, Bismarck, ND, David D. Cookson, Lincoln, NE, for State of Nebraska.

John P. Guhin, Attorney General's Office, Pierre, SD, for State of South Dakota.

ORDER DISSOLVING EX PARTE TEMPORARY RESTRAINING ORDER

HOVLAND, Chief Judge.

I. PROCEDURAL HISTORY

The matter before the Court is the Defendants' (the "Corps of Engineers") Motion to Dissolve the Ex Parte Temporary Restraining Order entered by state district court Judge Gail Hagerty, on April 29, 2003, and extended by this Court on May 7, 2003. On May 16, 2003, the Court modified...

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