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Pipeline protesters say company's suit should be dismissed

Posted September 15

— Protesters in North Dakota who are being sued by the company developing a four-state oil pipeline say the case should be thrown out of federal court.

Dakota Access LLC filed the complaint against Standing Rock Sioux Tribal Chairman David Archambault II and others, seeking restraining orders and unspecified monetary damages.

Court documents filed Thursday by Bismarck attorney Timothy Purdon, who represents Archambault and Standing Rock Councilman Dana Yellow Fat, say the complaint should be dismissed because it fails to make allegations that would entitle the company to collect damages.

Purdon says a temporary restraining order meant to keep protesters from a construction site violates the U.S. Constitution and a preliminary injunction should not be granted.

Dakota Access spokeswoman Vicki Granado says the company doesn't comment on pending litigation.

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