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U.S. v. SACRAMENTO MUNICIPAL UTILITY DIST.

No. 79-4507.

652 F.2d 1341 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. SACRAMENTO MUNICIPAL UTILITY DISTRICT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 13, 1981.

Attorney(s) appearing for the Case

David S. Kaplan, Sacramento, Cal., for defendant-appellant.

Robert Fullerton, Western Area Power, Golden, Colo., argued, for plaintiff-appellee; Herman Sillas, U.S. Atty., Sacramento, Cal., on brief.

Before FLETCHER and NELSON, Circuit Judges, and KEEP, District Judge:

KEEP, District Judge:

The United States of America brought this action for declaratory relief, seeking judicial interpretation of its contract with the Sacramento Municipal Utilities District (SMUD). The district court granted summary judgment in favor of the government ruling that 1) the contract was clear and unambiguous on its face and thus extrinsic evidence was inadmissible; 2) the interpretation urged by SMUD would restrict Congress' plenary power to define...

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