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CONFEDERATED SALISH v. SIMONICH

No. 93-35103.

29 F.3d 1398 (1994)

CONFEDERATED SALISH; Kootenai Tribes of the Flathead Reservation, Plaintiffs-Appellees, v. Mark SIMONICH, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 15, 1994.

Attorney(s) appearing for the Case

Harley R. Harris, Asst. Atty. Gen., Donald D. MacIntyre and Tim D. Hall, Sp. Asst. Attys. Gen., Montana Dept. of Natural Resources and Conservation, Helena, MT, for defendant-appellant.

John Carter, Tribal Legal Dept., Pablo, MT, and James Goetz, Goetz, Madden & Dunn, Bozeman, MT, for plaintiffs-appellees.

Before: HUG, HALL and THOMPSON, Circuit Judges.

DAVID R. THOMPSON, Circuit Judge:

Confederated Salish and Kootenai Tribes of the Flathead Reservation (Tribes) filed a complaint in the United States District Court for the District of Montana challenging Montana's right to regulate the use of water on the Flathead Reservation. Contemporaneous with this filing, the Tribes filed motions requesting the district court to (1) stay the federal proceedings pursuant to Railroad Comm'n of Texas v. Pullman, ...

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