UNITED STATES v. ALPINE LAND AND RESERVOIR COMPANY

No. 24156.

431 F.2d 763 (1970)

UNITED STATES of America, Appellee, v. ALPINE LAND AND RESERVOIR COMPANY et al., Appellees, Pyramid Lake Paiute Tribe, Applicant for Intervention-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 2, 1970.


Attorney(s) appearing for the Case

Robert D. Stitser (argued), Robert Leland, Reno, Nev., John P. Frank, Michael J. LaVelle, Lewis, Roca, Beauchamp & Linton, Phoenix, Ariz., for applicant for intervention-appellant.

Henry Depping (argued), Raymond Zagone, James W. Moorman, Attys., Shiro Kashiwa, Asst. Atty. Gen., U. S. Dept. of Justice, Washington, D. C., Bart M. Schouweiler, U. S. Atty., Las Vegas, Nev., for the United States.

E. J. Skeen (argued), Salt Lake City, Utah, Guild, Guild & Cunningham, Woodburn, Forman, Wedge, Blakey, Folsom & Hug, Reno, Nev., for Alpine Land, etc. and others.

Before KOELSCH and DUNIWAY, Circuit Judges, and CRARY, District Judge.


CRARY, District Judge:

The Pyramid Lake Paiute Tribe (hereinafter The Tribe) appeals from an Order of United States District Judge Roger T. Foley, District of Nevada, filed January 6, 1969, denying motion of The Tribe to intervene as a defendant, counter-claimant and cross-complainant.

The Tribe sought to intervene by motion filed last March 4, 1968, seeking adjudication of "the relative rights of all parties to this...

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