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RUBY COMPANY v. HICKEL

No. 24628.

434 F.2d 244 (1970)

RUBY COMPANY, Plaintiff-Petitioner, v. Walter J. HICKEL, Secretary of the Department of the Interior, et al., Defendant-Respondents.

United States Court of Appeals, Ninth Circuit.

November 9, 1970.

Attorney(s) appearing for the Case

J. Blaine Anderson (argued), H. William Furchner, Blackfoot, Idaho, for Ruby Co.

Jay F. Bates (argued), U. S. Asst. Atty., Sherman F. Furey, U. S. Atty., Boise, Idaho; Shiro Kashiwa, Asst. Atty. Gen., Washington, D. C., for Walter J. Hickel.

Marcus, Leggat & Marcus, Boise, Idaho, for Intermountain Gas Co.

Eberle & Berlin, Boise, Idaho, for A. T. & T. of Wyoming.

E. C. Phoenix, Pocatello, Idaho, for Union Pacific.

Dwain H. Stufflebeam, Blackfoot, Idaho, for Custom Body Works.

Earl W. Cory, Blackfoot, Idaho, for Trego Ditch Company.

Faber Tway, Boise, Idaho, for State of Idaho.

Stephen & Balleisen, Twin Falls, Idaho, for Penick & Ford, Ltd.

James E. Bruce, Boise, Idaho, for Idaho Power Co.

Before HAMLEY and WRIGHT, Circuit Judges, and BURKE, District Judge.

PER CURIAM:

Order of this court pursuant to 28 U.S.C. §§ 2282-2283 allowed an interlocutory appeal from a District Court order denying motions in two consolidated actions to convene a three judge court to consider appellants' right to injunctive relief against government officials acting under the provisions of the Snake River Omitted Lands Act, 76 Stat. 89 (May 31, 1962). The order was made upon the assumption that appellants had raised a substantial constitutional...

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