Legal Opinion
Anderson-Tully Co. v. McDaniel
Court of Appeals for the Eighth Circuit
Decided July 7, 2009No. 08-3469PublishedCited by 7 opinions
1Opinion of the Court
BYE, Circuit Judge.
Anderson-Tully Company (ATCO) appeals the district court’s 1 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 test of navigability. We affirm the district court’s dismissal.
I
ATCO owns a large tract of land in Desha County, Arkansas, located next to the Mississippi…
2Cases cited11 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Idaho v. Coeur D'Alene Tribe of IdahoSupreme Court of the United States · 1997
- Texas v. United StatesSupreme Court of the United States · 1998
- Helvering v. GowranSupreme Court of the United States · 1937
- Crooks v. LynchCourt of Appeals for the Eighth Circuit · 2009
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3Cited by7 opinions
- Cole v. Homier Distributing Co., Inc.Court of Appeals for the Eighth Circuit · 2010
- Digital Recognition Network, Inc. v. HutchinsonCourt of Appeals for the Eighth Circuit · 2015
- Lacano Investments, LLC v. Joe BalashCourt of Appeals for the Ninth Circuit · 2014
- Kuelbs v. HillCourt of Appeals for the Eighth Circuit · 2010
- Bower v. Christian County, Missouri CourtCourt of Appeals for the Eighth Circuit · 2016
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