Legal Opinion
South Dakota ex rel. Meierhenry v. Rippling Water Ranch, Inc.
District Court, D. South Dakota
Decided January 19, 1982No. Civ. No. 80-3031PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
DONALD J. PORTER, District Judge.
' CASE SUMMARY
The State of South Dakota commenced this case in the Circuit Court of the Sixth Judicial Circuit, Hughes County, South Dakota, on March 17,1980. The United States removed this case to this court on April 15, 1980, and the State thereafter moved to remand.1 This Court finds that although nothing in the McCarran Amendment, 43 U.S.C. § 666, compels this Court to grant the State’s motion, and does perceive that there are federal questions here over which it would otherwise have jurisdiction, the case must nevertheless be remanded to…
2Cases cited30 opinions
- Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Winters v. United StatesSupreme Court of the United States · 1908
- Arizona v. CaliforniaSupreme Court of the United States · 1963
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3Cited by3 opinions
- United States v. Bluewater-Toltec Irrigation DistrictDistrict Court, D. New Mexico · 1984
- In Re Gen. Adjudication of All Rights to Use WaterDistrict Court, D. South Dakota · 1982
- Wilson Bennett, Inc. v. Greater Cleveland Trans. Auth.Ohio Court of Appeals · 1990