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INTAKE WATER CO. v. YELLOWSTONE RIVER COMPACT COM'N

Civ. No. 1184.

590 F.Supp. 293 (1983)

INTAKE WATER COMPANY, Plaintiff, v. YELLOWSTONE RIVER COMPACT COMMISSION, Gary Fritz; George L. Christopulos and L. Grady Moore, as members of the Yellowstone River Compact Commission; Mike Greely, Attorney General of The State of Montana; Vernon Fahy, the State Engineer of the State of North Dakota; and the North Dakota State Water Commission, Defendants.

United States District Court, D. Montana, Billings Division.

October 25, 1983.

Attorney(s) appearing for the Case

Stanley Hathaway, Cheyenne, Wyo., Peter Pauly, Loble & Pauly, Helena, Mont., Boyd Henderson, Associate Gen. Counsel, Tennessee Gas Trans, Houston, Tex., for plaintiff.

Donald MacIntyre, Montana Dept. of Natural Resources and Conservation, Helena, Mont., for defendant Yellowstone River Compact Com'n.

Joseph J. Cichy, Asst. Atty. Gen., Bismarck, N.D., A.E. Bielefeld, Billings, Mont., for defendant Vernon Fahy and North Dakota State Water Com'n.

Tim Hall, Asst. Atty. Gen., Helena, Mont., for defendants Fritz and Greely.

Lawrence J. Wolfe, Asst. Atty. Gen., Cheyenne, Wyo., Vicki W. Dunaway, Billings, Mont., for defendant Christopulos.

William R. Jones and Raymond B. Hunkins, Wheatland, Wyo., for State of Wyoming.

Before GOODWIN, Circuit Judge, BATTIN, Chief District Judge and HATFIELD, District Judge.

MEMORANDUM OPINION

This suit for declaratory and injunctive relief is before the Court on a motion to dismiss the four-count second amended complaint. Jurisdiction is conferred by 28 U.S.C. § 1331 and complete diversity under 28 U.S.C. § 1332. When this case was filed on June 23, 1973, a three-judge panel was required by statute for cases such as this one seeking to declare state statutes unconstitutional. 28 U.S.C. § 2281 repealed by Act of August...

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