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

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

743 F.2d 1321 (1984)

ESCONDIDO MUTUAL WATER COMPANY, et al., Petitioners, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, San Pasqual Band of Mission Indians, 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, et al., Intervenors. The SECRETARY OF the INTERIOR, etc., Petitioner, v. FEDERAL ENERGY REGULATORY COMMISSION, Respondent, Escondido Mutual Water Company, et al., Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided September 26, 1984.

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

Pursuant to the mandate of the Supreme Court in Escondido Mutual Water Co. v. La Jolla Band of Mission Indians, ___ U.S. ___, 104 S.Ct. 2105, 80 L.Ed.2d 753 (1984), the decision of the Federal Energy Regulatory Commission to grant a license in these proceedings is reversed.

The entire case is remanded to the Commission for further proceedings in accordance with the decision of the Supreme Court.

As the result of the prior proceedings...

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