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MINNESOTA EX REL. HATCH v. HOEVEN

No. 05-3012.

456 F.3d 826 (2006)

State of MINNESOTA, by its Attorney General, Mike HATCH; Collin Peterson; Starkey Grove; Charles Orvik, Plaintiffs-Appellants, v. John HOEVEN, in his Official Capacity as Governor of the State of North Dakota; Terry Steinwand, in his Official Capacity as Director of the North Dakota Game and Fish Department, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 3, 2006.

Attorney(s) appearing for the Case

Ann M. Bildtsen, Assistant Attorney General, argued, St. Paul, MN (Michael J. Vanselow, Deputy Attorney General, on appellant's brief, St. Paul, MN), for appellant.

Dean J. Haas, Assistant Attorney General, argued, Bismarck, ND, for appellee.

Charles D. McGuigan, Assistant Attorney General for the State of South Dakota, filed a amicus brief in support of appellees on behalf of the States of South Dakota, Alaska, Colorado, Kansas, Montana, Nebraska, Nevada, Utah and Wyoming.

Before RILEY, BRIGHT, and SMITH, Circuit Judges.

BRIGHT, Circuit Judge.

North Dakota law drastically restricts hunting privileges of nonresidents as compared to North Dakota residents. Some of those restrictions have come under attack in this lawsuit as invalid under the United States Constitution. Representatives2 of the neighboring state of Minnesota (collectively "Minnesota") brought this action against defendants3 officials of the State of North Dakota...

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