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PUD 1 OF PEND OREILLE CTY. v. TOMBARI FAMILY LTD. PARTNERSHIP

No. 57239-9.

117 Wn.2d 803 (1991)

819 P.2d 369

PUBLIC UTILITY DISTRICT NO. 1 OF PEND OREILLE COUNTY, ET AL, Appellants, v. TOMBARI FAMILY LIMITED PARTNERSHIP, ET AL, Respondents.

The Supreme Court of Washington, En Banc.

November 14, 1991.

Attorney(s) appearing for the Case

James P. McNally, Jerry K. Boyd, Mary M. Palmer, and Paine, Hamblen, Coffin, Brooke & Miller, for appellant Public Utility District.

Kenneth O. Eikenberry, Attorney General, and J. Lawrence Coniff, Senior Counsel, for appellant State.

Joseph P. Delay and Delay, Curran, Thompson & Pontarolo; Marco T. Barbanti and Esposito, Tombari, George, Topliff & Campbell, P.S., for respondents.

Robert D. Dellwo and Brian H. Collins on behalf of the Kalispel Indian Tribe, amicus curiae for respondents.

JOHNSON, J.

The State and a public utility district (collectively referred to in this opinion as the State) seek to relitigate in state court an issue decided against them in federal court. We hold that the doctrine of collateral estoppel precludes the state court action.

At issue in the federal action was the location of the line of ordinary high water within a 10-mile portion of the Pend Oreille River flowing through...

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