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                        as a courtesy to the reader. They are not part of the opinion of the court.

102441P.pdf   11/07/2011  Gerard Keating  v.  Nebraska Public Power District
   U.S. Court of Appeals Case No:  10-2441
   U.S. District Court for the District of Nebraska - North Platte   
   [PUBLISHED][Shepherd, Author, with Smith and Bright, Circuit Judges]
Civil case - Civil rights. For the court's earlier opinion in this action alleging Nebraska officials violated the plaintiff farmers' rights by ordering them to cease drawing water from the Niobrara Watershed without providing a predeprivation hearing, see Keating v. Neb. Pub. Power Dist., 562 F.3d 923 (8th Cir. 2009); because the issuance of closing notices does not impact the property right bestowed by the permit to use the surface water when there is insufficient capacity, the plaintiffs were not deprived of that property right; district court was permitted to dismiss without prejudice the pendent state law claim in light of its summary judgment on plaintiffs' Section 1983 claim.