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UNITED STATES v. CAPPAERT

Nos. 74-1690, 74-2186.

508 F.2d 313 (1974)

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

United States Court of Appeals, Ninth Circuit.

December 4, 1974.

Attorney(s) appearing for the Case

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

V. DeVoe Heaton, U. S. Atty., District of Nevada, Las Vegas, Nev., for plaintiff-appellee.

Ralph E. Hunsaker, Phoenix, Ariz., for amicus curiae, Arizona Water Commission.

George V. Allison and Peter D. Laxalt, Special Deputy Atty. Gen., Carson City, Nev., for State of Nevada.

Before CARTER and CHOY, Circuit Judges, and SOLOMON, District Judge.

OPINION

SOLOMON, District Judge:

Pupfish (cyprinodon diabolis) live in Devil's Hole, in the Death Valley National Monument in Nevada. They are a unique and endangered species. In an action filed by the United States (Government) to protect these fish, the district court limited the amount of water which the owners of a nearby cattle ranch may pump. The Cappaerts, owners of the ranch, and the State of Nevada, which intervened on the side of the Cappaerts...

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