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RICHLAND/WILKIN v. ARMY CORPS OF ENGINEERS

No. 15-2123.

826 F.3d 1030 (2016)

RICHLAND/WILKIN JOINT POWERS AUTHORITY, a Minnesota-North Dakota Joint Powers Authority, Plaintiff-Appellee v. UNITED STATES ARMY CORPS OF ENGINEERS; John McHugh, Secretary of the US Army Corps of Engineers (in his official capacity); Jo-Ellen Darcy, Assistant Secretary of the Army for Civil Works (in her official capacity); Col. Dan Koprowski, District Commander, St. Paul District, US Army Corps of Engineers (in his official capacity), Defendants. Fargo-Moorhead Flood Diversion Board of Authority, Intervenor Defendant-Appellant. State of North Dakota, Amicus on Behalf of Appellant. Minnesota Department of Natural Resources, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 20, 2016.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Robert Edward Cattanach, Jr. , of Minneapolis, MN. In addition to Mr. Cattanach, the following attorney(s) appeared on the appellant brief; Michael R. Drysdale , of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee was Gerald Walter Von Korff , of Saint Cloud, MN. In addition to Mr. Von Korff, the following attorney(s) appeared on the appellee brief; Jonathan D. Wolf , of Saint Cloud, MN.

The following attorney(s) appeared on the amicus brief of State of North Dakota in support of appellant; Matthew A Sagsveen , AAG, of Bismarck, ND.

The following attorney(s) appeared on the amicus brief of MN Department of Natural Resources in support of appellee; Jill Schlick Nguyen , AAG of St. Paul, MN.

Before SHEPHERD, BEAM, and KELLY, Circuit Judges.

The local sponsor, the Fargo-Moorhead Diversion Board of Authority ("Authority"), in the development of a diversion project on the Red River with the United States Army Corps of Engineers ("Corps") alleges that the district court made numerous errors in granting a preliminary injunction to the Joint Powers Authority of Richland...

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