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UNITED STATES v. TULARE LAKE CANAL CO.

No. 72-2322.

535 F.2d 1093 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. TULARE LAKE CANAL COMPANY, a corporation, Defendant-Appellee, Tulare Lake Basin Water Storage District and Salyer Land Company, a corporation, Intervenors-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied June 7, 1976.

Attorney(s) appearing for the Case

Douglas N. King, Atty. (argued), Land and Natural Resources Div., U. S. Dept. of Justice, Washington, D. C., for appellant United States.

Alvin J. Rockwell (argued), of Brobeck, Phleger & Harrison, San Francisco, Cal., for appellee Tulare Lake Canal Co.

J. Thomas Crowe (argued), of Crowe, Mitchell & Crowe, Visalia, Cal., for amicus curiae.

Before BROWNING, DUNIWAY, and WALLACE, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 7, 1976.

OPINION

BROWNING, Circuit Judge:

This action was brought by the United States to determine two questions regarding the application of the reclamation laws, and particularly section 46 of the Omnibus Adjustment Act of 1926,1 to private lands receiving irrigation benefits from the Pine Flat Dam, a multiple-purpose dam on the Kings River, which flows into the San Joaquin...

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