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STATE OF CALIFORNIA v. OROVILLE-WYANDOTTE IRR. DIST.

No. 22126.

409 F.2d 532 (1969)

The STATE OF CALIFORNIA, Acting By and Through the DEPARTMENT OF WATER RESOURCES, Appellant, v. The OROVILLE-WYANDOTTE IRRIGATION DISTRICT, an irrigation district, and the California Public Utilities Commission, a public commission, Appellees.

United States Court of Appeals Ninth Circuit.

March 28, 1969.

Attorney(s) appearing for the Case

Richard D. Martland (argued), Deputy Atty. Gen., Thomas C. Lynch, Atty. Gen., Iver E. Skjeie, Deputy Atty. Gen., Sacramento, Cal., for appellant.

Timothy E. Treacy (argued), Mary M. Pajalich, Roderick B. Cassidy and Harley C. Hardesty, San Francisco, Cal., William Schwarzer (argued), McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for appellees.

Before POPE and CARTER, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge:

The plaintiff, Department of Water Resources, appeals from a judgment dismissing its action seeking declaratory and injunctive relief. The dispute involves the potential effect of the Department's Oroville Dam Project upon defendant. Oroville-Wyandotte Irrigation District's South Fork Project. The latter project includes the Miners Ranch Canal and a communication line and maintenance road running along...

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