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UNITED STATES v. ADAIR

Nos. 80-3229, 80-3245, 80-3246 and 80-3257.

723 F.2d 1394 (1983)

UNITED STATES of America, Plaintiff-Appellee, and Klamath Indian Tribe, Plaintiff-Intervenor-Appellee, v. Ben ADAIR, et al., Defendants-Appellants, and The State of Oregon, Defendant-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Withdrawn from Submission July 15, 1983.

Resubmitted November 14, 1983.

Decided November 15, 1983.

As Modified on Denial of Rehearing January 24, 1984.

Attorney(s) appearing for the Case

Richard B. Collins, Kim Jerome Gottschalk, Boulder, Colo., for plaintiff-intervenor-appellee.

Stephen D. Dillon, Santa Fe, N.M., amicus curiae, for New Mexico.

Robert L. Klarquist, Dept. of Justice, Washington, D.C., for U.S.

Charles F. Adams, Jere M. Webb, Steol, Rives, Bole, Fraser & Wyse, Portland, Or., Theodore R. Conn, Lakeview, Or., Jan P. Londahl, Asst. Atty. Gen., Salem, Or., for State of Or.

Andrew P. Kerr, David Sweeney, Gilbertson, Brownstein, Sweeney, Kerr & Grim, Portland, Or., for defendants-appellants.

Before KILKENNY, GOODWIN and FLETCHER, Circuit Judges.

FLETCHER, Circuit Judge:

In 1975 the United States filed suit in district court, pursuant to 28 U.S.C. § 1345 (1976), for a declaration of water rights within an area whose boundaries roughly coincide with the former Klamath Indian Reservation. The suit named as defendants some 600 individual owners of land within the former reservation. The Klamath Tribe intervened as a plaintiff and the State of Oregon as a defendant.

After a trial on stipulated facts...

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