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KEATING v. NEBRASKA PUBLIC POWER DIST.

No. 07-3056.

562 F.3d 923 (2009)

Gerard J. KEATING, individually and on behalf of all persons similarly situated; Janet A. Keating, individually and on behalf of all persons similarly situated, Plaintiffs-Appellants, Frank R. Krejci, individually and on behalf of all persons similarly situated; Jane Krejci, individually and on behalf of all persons similarly situated; Timothy Peterson, individually and on behalf of all persons similarly situated; Linda Peterson, individually and on behalf of all persons similarly situated, Plaintiffs, Daryl Butterfield, individually and on behalf of all persons similarly situated; Makala Butterfield, individually and on behalf of all persons similarly situated, Plaintiff-Appellants, v. NEBRASKA PUBLIC POWER DISTRICT, in Their Official Capacities; Nebraska Department of Natural Resources, in Their Official Capacities; Dennis L. Rasmussen, in Their Official Capacities; Mary A. Harding, in Their Official Capacities; Ronald W. Larsen, in Their Official Capacities; Larry A. Linstrom, in Their Official Capacities Darrell J. Nelson, in Their Official Capacities; Edward J. Schrock, in Their Official Capacities; Ken L. Schmieding, in Their Official Capacities; Gary G. Thompson, in Their Official Capacities; Larry G. Kuncl, in Their Official Capacities; Virgil L. Froehlich, in Their Official Capacities; Wayne E. Boyd, in Their Official Capacities; Ann Saloman Bleed, in Their Official Capacities; Does, 1-100, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 13, 2009.

Attorney(s) appearing for the Case

Scott Gregory Knudson, argued, Frank A. Taylor, Julie H. Firestone, on the brief, Minneapolis, MN, James Gotschall, on the brief, O'Neill, NE, for appellant.

Justin D. Lavene, argued, AAG, Lincoln, NE, John Bruning, David D. Cookson, Katherine J. Spohn, on the brief, AAG, Lincoln, NE, for the appellee Nebraska Department of Natural Resources.

Stephen Douglas Mossman, argued, Kelly R. Hoffschneider, on the brief, Lincoln, NE, for the appellee Nebraska Public Power.

Before RILEY, GRUENDER, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Appellants, Nebraska farmers and ranchers who draw water from the Niobrara Watershed, appeal the district court's dismissal of their suit brought under 42 U.S.C. § 1983. In this suit, appellants alleged that state officials deprived them of their procedural due process rights when those officials ordered them to cease drawing water from the Niobrara Watershed without providing prior notice or a hearing. For the reasons set forth below...

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