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SAN CARLOS IRR. AND DRAINAGE DIST. v. U.S.

No. 89-1007.

877 F.2d 957 (1989)

SAN CARLOS IRRIGATION AND DRAINAGE DISTRICT, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied August 24, 1989.

Attorney(s) appearing for the Case

Riney B. Salmon, II, Jennings, Strouss & Salmon, Phoenix, Ariz., argued for plaintiff-appellant. With him on the brief was Mikel L. Moore.

Jeffrey P. Kehne, Dept. of Justice, Washington, D.C., argued for defendant-appellee. With him on the brief were Donald A. Carr, Acting Asst. Atty. Gen., Martin W. Matzen and Louise F. Milkman. Also on the brief were Robert Moeller and William H. Swan, Dept. of Justice, Phoenix, Ariz., of counsel.

Before FRIEDMAN, Circuit Judge, MILLER, Senior Circuit Judge, and BISSELL, Circuit Judge.

BISSELL, Circuit Judge.

The San Carlos Irrigation and Drainage District (District) appeals the United States Claims Court's judgment granting the government's summary judgment motion and dismissing the complaint. See San Carlos Irrigation & Drainage Dist. v. United States, 15 Cl.Ct. 197 (1988). We reverse and remand.

BACKGROUND

In 1924, Congress authorized construction of the Coolidge Dam across the Gila River as part of the San Carlos...

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