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10th Circ. Keeps Case Over Okla. Water Ban Alive

Law360 (October 28, 2008, 12:00 AM EDT) -- A federal appeals court has rejected a bid from Oklahoma water officials to toss a lawsuit challenging the constitutionality of state laws banning out-of-state water transfers.

The U.S. Court of Appeals for the Tenth Circuit on Monday upheld a lower court decision denying a motion from Oklahoma Water Resource Board members to dismiss the case, finding that the Eleventh Amendment doesn't grant them immunity from the suit.

The appeals court also rejected an argument that the suit failed to present a case or controversy and ruled...
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