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ESCONDIDO MUT. WATER CO. v. F.E.R.C.

Nos. 79-7625, 80-7012 and 80-7110.

701 F.2d 826 (1983)

ESCONDIDO MUTUAL WATER COMPANY, City of Escondido, and Vista Irrigation District, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, San Pasqual Band of Mission Indians, Secretary of Interior, etc., et al., Intervenors. SAN PASQUAL, LA JOLLA, RINCON, PAUMA AND PALA BANDS of MISSION INDIANS, Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Escondido Mutual Water Company, City of Escondido and Vista Irrigation District, Intervenors. The SECRETARY OF THE INTERIOR, acting in his capacity as trustee for the Rincon, La Jolla and San Pasqual Bands of Mission Indians, Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Escondido Mutual Water Company, City of Escondido and Vista Irrigation District, Intervenors.

United States Court of Appeals, Ninth Circuit.

March 17, 1983.

Attorney(s) appearing for the Case

Paul D. Engstrand, Leroy A. Wright, San Diego, Cal., James C. Kilbourne, Washington, D.C., Robert S. Pelcyger, Boulder, Colo., argued, for petitioners; Jennings, Engstrand & Henrikson, Glenn, Wright, Jacobs & Schell, San Diego, Cal., C. Emerson Duncan, II, Duncan, Allen & Mitchell, Washington, D.C., on brief, for Escondido; Fredericks & Pelcyger, Boulder, Colo., on brief, for San Pasqual, etc.

Joseph S. Davies, Jr., Joshua Rokach, FERC, Washington, D.C., argued, for respondent; John A. Cameron, Acting Asst. Sol., Kristina Nygaard, FERC, Washington, D.C., on brief.

Before ANDERSON, FERGUSON and NELSON, Circuit Judges.

ORDER on PETITIONS FOR REHEARING

In these consolidated cases, petitions have been filed as follows:

1. A petition for rehearing and a suggestion for rehearing en banc filed December 20, 1982 by the Escondido Mutual Water Company, City of Escondido and Vista Irrigation District;

2. A petition for rehearing filed December 20, 1982 by the Secretary of the Interior;

3. A petition for rehearing filed December 16, 1982 by the San Pasqual, La Jolla...

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