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BOARD OF MANAGERS v. BORNHOFT

No. A4-91-218.

812 F.Supp. 1012 (1993)

BOARD OF MANAGERS, BOTTINEAU COUNTY WATER RESOURCE DISTRICT, Plaintiff, v. Colonel Stewart H. BORNHOFT, District Engineer, Omaha District, Corps of Engineers, U.S. Army, Defendant.

United States District Court, D. North Dakota, Northwestern Division.

January 20, 1993.

Attorney(s) appearing for the Case

Murray G. Sagsveen, Bismarck ND, for plaintiff.

Cameron W. Hayden, Asst. U.S. Atty., Bismarck ND, Joshua M. Levin, U.S. Dept. of Justice, Washington, DC, for defendant.

MEMORANDUM AND ORDER

CONMY, District Judge.

This is an action for declaratory and injunctive relief against the Corps of Engineers (Corps) concerning the White Spur Drain in Bottineau County, North Dakota. Plaintiff Board of Managers (Board) is the governing body of the Bottineau County Water Resource District.

Before the court is the defendant's motion to dismiss pursuant to Rule 12(b)(1) for lack of...

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