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MINIDOKA IRRIGATION v. DEPT. OF INTERIOR OF U.S.

No. 03-35697.

406 F.3d 567 (2005)

MINIDOKA IRRIGATION DISTRICT, Plaintiff-Appellant, v. DEPARTMENT OF INTERIOR, OF THE UNITED STATES; Gale A. Norton, Secretary of the Interior; John W. Keys, III, Commissioner of Reclamation; J. William McDonald, Regional Director of Reclamation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 15, 2005.

As Amended on Denial of Rehearing July 6, 2005.

Attorney(s) appearing for the Case

Beverly J. Singleman, Hubert & Hernandez, P.A., Las Cruces, NM, for the appellant.

Thomas E. Moss, United States Attorney for the District of Idaho, and Robert C. Grisham, Assistant United States Attorney, Boise, ID, for the appellees.

Before B. FLETCHER, McKEOWN, and GOULD, Circuit Judges.

As Amended on Denial of Rehearing En Banc July 6, 2005.

GOULD, Circuit Judge.

The Minidoka Irrigation District ("MID") sued the federal government alleging, inter alia, that the government had breached its contract to credit MID with profits derived from the operation of the Minidoka Project power plant. On remand from our Court in Minidoka Irrigation District v. DOI, 154 F.3d 924 (9th Cir.1998) ("Minidoka...

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