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UNITED STATES v. IMPERIAL IRRIGATION DISTRICT

No. 67-7.

322 F.Supp. 11 (1971)

UNITED STATES of America, Plaintiff, v. IMPERIAL IRRIGATION DISTRICT, a corporation, Defendant, John M. Bryant, Robert C. Brown, Theodore B. Shank, Harold A. Brockman, Clara Marie Gutierrez, Charles E. Nilson, Kakoo D. Singh, Stephen H. Elmore and John Kubler, Jr., Landowner Defendants, both individually and on behalf of members of a class, to wit, all persons owning more than 160 acres of irrigable land within the Imperial Valley in California. State of California, Intervening Defendant.

United States District Court, S. D. California.

January 5, 1971.

Attorney(s) appearing for the Case

Harry D. Steward, U. S. Atty., Fredrick B. Holoboff, Asst. U. S. Atty., Gary D. Weatherford, Sp. Asst. Atty. Gen., San Diego, Cal., David Warner and Milton Nathanson, Dept. of Justice, Washington, D. C., for plaintiff.

Horton, Knox, Carter & Rutherford by Reginald L. Knox, Jr., El Centro, Cal., for defendant Imperial Irrigation District.

O'Melveny & Myers by Pierce Works, Charles W. Bender and Patrick Lynch, Los Angeles, Cal., and Hervey & Mitchell by Thomas R. Mitchell, San Diego, Cal., for the Landowner Defendants.

Thomas C. Lynch, Atty. Gen. by David B. Stanton, Deputy Atty. Gen., Los Angeles, Cal., for the State of Cal.

MEMORANDUM OPINION

TURRENTINE, District Judge.

I. JURISDICTION AND NATURE OF THE CONTROVERSY

This is a civil action brought by the United States. This court has jurisdiction under Title 28, § 1345 of the United States Code. An actual controversy within the jurisdiction of this court exists as to whether the land limitation provisions of reclamation law (hereinafter "acreage limitation" or "160-acre limitation") have any application to privately...

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