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U.S. v. PEND OREILLE PUBLIC UTILITY DIST. NO. 1

Nos. 88-3617 through 88-3619, 88-3669, 92-35504.

28 F.3d 1544 (1994)

UNITED STATES of America, as trustee for the Kalispel Indian Tribe and individual allottees, Plaintiff-Appellee, and Kalispel Indian Tribe, Intervening-Plaintiff, v. PEND OREILLE PUBLIC UTILITY DISTRICT NO. 1, a municipal corp., Defendant, and Department of Natural Resources, State of Washington, Defendant-Intervenor-Appellant. UNITED STATES of America, as trustee for the Kalispel Indian Tribe and individual allottees, Plaintiff-Appellee, and Kalispel Indian Tribe, Intervening-Plaintiff, v. PEND OREILLE PUBLIC UTILITY DISTRICT NO. 1, a municipal corp., Defendant-Appellant, and Department of Natural Resources, State of Washington, Defendant-Intervenor. UNITED STATES of America, as trustee for the Kalispel Indian Tribe and individual allottees, Plaintiff-Appellant, and Kalispel Indian Tribe, Intervening-Plaintiff, v. PEND OREILLE PUBLIC UTILITY DISTRICT NO. 1, a municipal corp., Defendant-Appellee, and Department of Natural Resources, State of Washington, Defendant-Intervenor. UNITED STATES of America, as trustee for the Kalispel Indian Tribe and individual allottees, Plaintiff, and Kalispel Indian Tribe, Intervening Plaintiff-Appellant, v. PEND OREILLE PUBLIC UTILITY DISTRICT NO. 1, a municipal corp., Defendant-Appellee, and Department of Natural Resources, State of Washington, Defendant-Intervenor-Appellee. UNITED STATES of America, Plaintiff, and Kalispel Indian Tribe, Plaintiff-Intervenor-Appellant, v. PEND OREILLE PUBLIC UTILITY DISTRICT NO. 1, a municipal corp., Defendant-Appellee, and Department of Natural Resources, State of Washington, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 14, 1994.

Attorney(s) appearing for the Case

Elizabeth Ann Peterson, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellee-appellant.

Allen H. Sanders, Evergreen Legal Services, Seattle, WA, for plaintiff-intervenor-appellant.

Jerry K. Boyd, Spokane, WA, for defendant-appellant-appellee.

J. Lawrence Coniff, Asst. Atty. Gen., Olympia, WA, for defendant-intervenor-appellant-appellee.

Before: BROWNING, SCHROEDER, and FLETCHER, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

This is the second opinion of this court dealing with issues arising out of a judgment entered by the district court in an action brought by the United States on behalf of the Kalispel Indians against the Public Utility District No. 1 of Pend Oreille County, Washington. The Federal Power Commission issued a license to the Utility to build and operate the Box Canyon Dam on the Pend Oreille River, which forms the western boundary of...

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