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IN RE OPERATION OF MISSOURI RIVER SYSTEM LITIG.

No. 07-1149.

516 F.3d 688 (2008)

In re OPERATION OF THE MISOURI RIVER SYSTEM LITIGATION. State of Missouri, Plaintiff-Appellant, v. United States Army Corps of Engineers, et al., Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 8, 2008.

Attorney(s) appearing for the Case

H. Todd Iverson, AAG, argued, Joseph P. Bindbeutel, AAG and William J. Bryan,

AAG, on the brief, Jefferson City, MO, for appellant.

Robert H. Oakley, argued, Fred R. Disheroon, Andrew C. Mergen, and Devon L. McCune, on the brief, Washington, D.C., for appellee.

Before LOKEN, Chief Judge, RILEY and SMITH, Circuit Judges.

LOKEN, Chief Judge.

The United States Army Corps of Engineers ("Corps") manages the Missouri River Mainstem Reservoir System (the "System") under the Flood Control Act of 1944, Pub.L. No. 78-534, 58 Stat. 887, 891 (1944). The System consists primarily of a series of dams and reservoirs on the upper River. The Corps' governing operational document is the Missouri River Mainstem Reservoir Master Water Control Manual (the "Master Manual"), which has been revised five...

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