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ANDERSON-TULLY CO. v. McDANIEL

No. 08-3469.

571 F.3d 760 (2009)

ANDERSON-TULLY COMPANY, Appellant, v. Dustin McDANIEL, Attorney General of the State of Arkansas, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 7, 2009.

Attorney(s) appearing for the Case

Joseph A. Strode, argued, Tanya B. Spavins, on the brief, Pine Bluff, AR, for appellant.

Ali Brady, AAG, argued, Carmine Joseph Cordi, Jr., on the brief, Little Rock, AR, for appellee.

Before BYE, HANSEN, and BENTON, Circuit Judges.

BYE, Circuit Judge.

Anderson-Tully Company (ATCO) appeals the district court's1 dismissal of its suit against the Arkansas Attorney General, Dustin McDaniel. In its suit, ATCO asserted ownership of two bodies of water within the state of Arkansas which McDaniel has asserted are public waters. ATCO sought to quiet title and enjoin McDaniel from attempting to claim the disputed waters for public use by application of the recreational use...

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