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KEATING v. NEBRASKA PUBLIC POWER DIST.

No. 10-2441.

660 F.3d 1014 (2011)

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; Brian Dunnigan, in their official capacities; Does, 1-100, Defendants-Appellees. State of Colorado, State of Montana; State of Nevada; State of New Mexico; State of North Dakota; State of Wyoming; State of South Dakota, Amici on Behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: November 7, 2011.

Attorney(s) appearing for the Case

Scott Gregory Knudson , argued, Minneapolis, MN, William G. Campbell , Ely, MN, Scott Gregory Knudson , Frank A. Taylor , Daniel John Supalla , Minneapolis, MN, Terrance Waite , North Platte, NE, Keith Andrew Harvat , Omaha, NE, Boyd W. Strope , James D. Gotschall , O'Neill, NE, on the brief, for appellant.

Justin D. Lavene , AAG, Stephen Douglas Mossman , argued, Lincoln, NE, Stephen Douglas Mossman , Justin D. Lavene , AAG, Patricia L. Vannoy , on the brief, Lincoln, NE, for appellee.

Marty J. Jackley , AAG, Pierre, SD, Wayne Stenehjem , AAG, Bismarck, ND, Catherine Cortez Masto , AAG, Carson City, NV, Peter Ampe , AAG, Denver, CO, Stephen R. Farris , AAG, Santa Fe, NM, Peter K. Michael , AAG, Cheyenne, WY, Steve Bullock , AAG, Helena, MT, on the amicus brief.

Before SMITH, BRIGHT, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Several Nebraska farmers filed suit under 42 U.S.C. § 1983, alleging their due process rights were violated when Nebraska officials ordered the farmers to cease drawing water from the Niobrara Watershed without providing a predeprivation hearing. We reversed the district court's prior dismissal and remanded the matter to the court with specific instructions. On remand, the district court1 determined that there...

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