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ISRAEL v. MORTON

No. 73-3181.

549 F.2d 128 (1977)

Samuel ISRAEL and Samis Land Company, a Washington Corporation, Plaintiffs-Appellants, v. Rogers MORTON, as Secretary of the Interior, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

January 19, 1977.

Attorney(s) appearing for the Case

Thomas W. Huber (argued), of Helsell, Paul, Fetterman, Todd & Hokanson, Seattle, Wash., for plaintiffs-appellants.

Robert M. Sweeney, Asst. U.S. Atty., Spokane, Wash., for defendants-appellees.

Before MERRILL and KENNEDY, Circuit Judges, and ENRIGHT, District Judge.

OPINION

MERRILL, Circuit Judge:

Appellants are owners of land located within the boundaries of the Columbia Basin Project, a federal reclamation project located in the State of Washington, utilizing water from the Grand Coulee Dam. They have brought this action seeking a judicial declaration of their right to sell land in excess of a holding of 160 acres without restriction on sale price, and the right of the land, once so sold, to receive irrigation water...

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