The 11th U.S. Circuit Court of Appeals on Thursday said it will hear Georgia’s appeal of a federal judge’s ruling that the state has been illegally using water from Lake Lanier.

Alabama and Florida had filed a motion to dismiss the appeal, saying the 11th Circuit did not have jurisdiction because U.S. District Senior Judge Paul A. Magnuson did not issue a final judgment in the case. A three-judge panel consisting of Judges Gerald B. Tjoflat, Susan H. Black and Charles R. Wilson unanimously disagreed.

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