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MINNESOTA, EX REL. HATCH v. HOEVEN

No. A1-04-021.

331 F.Supp.2d 1074 (2004)

State of MINNESOTA, by its Attorney General Mike HATCH, and Collin Peterson, Starkey Grove, and Charles Orvik, Plaintiffs, v. John HOEVEN, in his official capacity as Governor of the State of North Dakota, and Dean C. Hildebrand, in his official capacity as Director of the North Dakota Game and Fish Department, Defendants.

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

August 17, 2004.

Attorney(s) appearing for the Case

Harry Sieben, Jr., Sieben, Grose, Von Holtum, McCoy & Carey, Minneapolis, MN, Lawrence W. Pry, MN Attorney General's Office, St Paul, MN, for Plaintiffs.

Paul Craig Germolus, Attorney General's Office, Bismarck, ND, for Defendants.

MEMORANDUM AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS

HOVLAND, Chief Judge.

Before the Court is the Defendants' Motion to Dismiss filed on May 10, 2004. This motion concerns the issues of whether the Plaintiffs have standing to pursue their claims in federal court and whether the Defendants can assert the defense of sovereign immunity. The merits of the claims being asserted by the Plaintiffs are not before the Court. For the reasons set forth below...

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