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UNITED STATES v. AHTANUM IRRIGATION DISTRICT

No. 14714.

236 F.2d 321 (1956)

UNITED STATES of America, Appellant, v. AHTANUM IRRIGATION DISTRICT et al., Appellees.

United States Court of Appeals Ninth Circuit.

July 10, 1956.

Attorney(s) appearing for the Case

J. Lee Rankin, Asst. Atty. Gen., William H. Veeder, David R. Warner, Attys., Dept. of Justice, Washington, D. C., for appellant.

Fred C. Palmer, Yakima, Wash., Charles L. Powell, Kennewick, Wash., J. W. McArdle, E. C. Prestbye, Spokane, Wash., for appellee.

Don Eastvold, Atty. Gen. of Washington, E. P. Donnelly, Asst. Atty. Gen., for intervening appellee, State of Washington.

Before POPE, LEMMON and CHAMBERS, Circuit Judges.

POPE, Circuit Judge.

This is a suit brought by the United States as trustee for the Yakima tribe of Indians to establish and quiet title to the Indians' right to the use of the waters of Ahtanum Creek in the State of Washington, which right is alleged to have been reserved by the treaty of June 9, 1855 between the United States and the Confederated Tribes of Yakima Indians.1 This was the treaty by which the Yakima Indian reservation was...

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