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UNITED STATES v. CAPPAERT

No. 73-2168.

483 F.2d 432 (1973)

UNITED STATES of America, Plaintiff and Appellee, v. Francis Leo CAPPAERT et al., Defendants and Appellants, and State of Nevada ex rel. Roland D. Westergard, State Engineer, Intervenor and Appellant.

United States Court of Appeals, Ninth Circuit.

August 20, 1973.

Attorney(s) appearing for the Case

Samuel S. Lionel, of Lionel, Sawyer, Collins & Wartman, Las Vegas, Nev., for defendants and appellants.

DeVoe Heaton, U. S. Atty., Peter D. Laxalt, George Allison, Sp. Deputy Attys. Gen., Carson City, Nev., for plaintiff and appellee.

Before CHAMBERS and WALLACE, Circuit Judges, and SCHWARTZ, District Judge.

ORDER

PER CURIAM:

This court is of the view that the preliminary injunction issued in the district court should be modified there to provide that the pumping of defendants be restricted to the extent necessary to maintain the water level of Devil's Hole at its level existing as of the date of the filing of this order; that is, as best the actual level as of this date can be ascertained; or at the level existing on August 7, 1973, whichever is higher.

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