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IDAHO EX REL. EVANS v. OREGON

No. 67, Orig.

462 U.S. 1017 (1983)

103 S.Ct. 2817

77 L.Ed.2d 387

IDAHO EX REL. EVANS, GOVERNOR OF IDAHO, ET AL. v. OREGON ET AL.

Supreme Court of United States.

Decided June 23, 1983

Attorney(s) appearing for the Case

Jim Jones, Attorney General of Idaho, argued the cause for plaintiffs. With him on the briefs were David H. Leroy, former Attorney General, Stephen V. Goddard, Deputy Attorney General, and Don Olowinski.

Edward B. MacKie, Chief Deputy Attorney General, argued the cause for defendant State of Washington. With him on the brief were Kenneth O. Eikenberry, Attorney General, and James Johnson, Senior Assistant Attorney General.

JUSTICE BLACKMUN delivered the opinion of the Court.

In this action invoking the Court's original jurisdiction, the State of Idaho seeks an equitable apportionment against the States of Oregon and Washington of the anadromous fish that migrate between the Pacific Ocean and spawning grounds in Idaho. The Special Master has filed his final report on the merits and recommends that the action be dismissed without prejudice. We have before us Idaho's exceptions to that...

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