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Gerard J. Keating, Individually and On Behalf of All Persons Similarly v. Nebraska Public Power District, In Their Official Capacities; Nebraska

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Submitted: March 17, 2011

Before SMITH, BRIGHT, and SHEPHERD, Circuit Judges.

Several Nebraska farmers filed suit under 42 U.S.C. § 1983, alleging their due process rights were violated when Nebraska officials ordered the farmers to cease drawing water from the Niobrara Watershed without providing a predeprivation hearing. We reversed the district court’s prior dismissal and remanded the matter to the court with specific instructions. On remand, the district court determined that*fn1 there was no deprivation of a property right and entered summary judgment in favor of appellees. The district court also declined to exercise jurisdiction over pendent state law claims, dismissing those claims without prejudice. We agree with the district court’s determination and affirm its thorough and well-reasoned decision.

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