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UNITED STATES v. TULARE LAKE CANAL CO.

Nos. 72-2322, 78-1378 and 78-1422.

677 F.2d 713 (1982)

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

United States Court of Appeals, Ninth Circuit.

Decided May 17, 1982.

Rehearing Denied June 29, 1982.

Attorney(s) appearing for the Case

Scott B. McElroy, Dept. of Justice, Washington, D. C., argued, for United States; Charles E. Biblowit, Dept. of Justice, Washington, D. C., on brief.

Robert M. Newell, Newell & Chester, Los Angeles, Cal., argued, for Tulare Lake Canal Co.; James G. McCain, Corcoran, Cal., on brief.

Before BROWNING, Chief Judge, and DUNIWAY and WALLACE, Circuit Judges.

BROWNING, Chief Judge:

The basic question presented by this lengthy litigation is whether acreage limitations imposed by the federal reclamation laws apply to private lands receiving irrigation benefits from the Pine Flat Project. More specifically, the question is whether owners of more than 160 acres of land within the project area must execute recordable contracts to sell their land in excess of 160 acres at a price excluding incremental value resulting from the...

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