STATE OF NEVADA v. UNITED STATES

No. 16389.

279 F.2d 699 (1960)

STATE of NEVADA ex rel. Hugh A. SHAMBERGER, State Engineer, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

May 29, 1960.


Attorney(s) appearing for the Case

Roger D. Foley, Atty. Gen., W. T. Mathews, Reno, Nev., William N. Dunseath, Sp. Asst. Atty. Gen., for appellant.

Perry W. Morton, Asst. Atty. Gen., Howard W. Babcock, U. S. Atty., Reno, Nev., David R. Warner, Charles G. Luellman, Attys., Dept. of Justice, Washington, D. C., for appellee.

Before HAMLEY, HAMLIN and MERRILL, Circuit Judges.


MERRILL, Circuit Judge.

Nevada seeks a declaration that the United States may not make use of underground waters developed by wells located on the Hawthorne Naval Ammunition Depot without applying therefor pursuant to state law. Nevada takes this appeal from judgment of the District Court dismissing its complaint.

Many issues are raised by the appeal. The ultimate question upon which Nevada desires our expression is: which sovereign entity, the United States...

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