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VIRGINIA v. MARYLAND

No. 129, Orig.

540 U.S. 56 (2003)

VIRGINIA v. MARYLAND

Supreme Court of United States.

Decided December 9, 2003.

Attorney(s) appearing for the Case

Stuart A. Raphael argued the cause for plaintiff. With him on the brief were Jerry W. Kilgore, Attorney General of Virginia, William H. Hurd, Solicitor General, Roger L. Chaffe and Frederick S. Fisher, Senior Assistant Attorneys General, and Jill M. Dennis.

Andrew H. Baida, former Solicitor General of Maryland, argued the cause for defendant. With him on the briefs were J. Joseph Curran, Jr., Attorney General, and Maureen Mullen Dove, M. Rosewin Sweeney, Adam D. Snyder, and Randolph S. Sergent, Assistant Attorneys General.*

REHNQUIST, C. J., delivered the opinion of the Court, in which O'CONNOR, SCALIA, SOUTER, THOMAS, GINSBURG, and BREYER, JJ., joined. STEVENS, J., filed a dissenting opinion, in which KENNEDY, J., joined, p. 80. KENNEDY, J., filed a dissenting opinion, in which STEVENS, J., joined, p. 82.

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

Invoking this Court's original jurisdiction, the Commonwealth of Virginia seeks a declaration that it has a right to withdraw water from the Potomac River and to construct improvements appurtenant to the Virginia shore free from regulation by the State of Maryland. We granted Virginia leave to file a complaint, 530 U.S. 1201 (2000), and referred the action to a Special...

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