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MINIDOKA IRR. DIST. v. DEPT. OF INTERIOR OF U.S.

No. 97-35341.

154 F.3d 924 (1998)

MINIDOKA IRRIGATION DISTRICT, Plaintiff-Appellant, v. DEPARTMENT OF THE INTERIOR, OF THE UNITED STATES; Manuel Lujan, Jr., Secretary of the Interior; Dennis Underwood, Commissioner of Reclamation; John W. Keys, III, Regional Director of Reclamation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 30, 1998.

Attorney(s) appearing for the Case

Beverly J. Singleman, Steve Hernandez, Hubert & Hernandez, Las Cruces, New Mexico, for Plaintiff-Appellant.

Robert Grisham, Assistant United States Attorney, Boise, Idaho, for Defendants-Appellees.

Before: LAY, GOODWIN, and PREGERSON, Circuit Judges.

GOODWIN, Circuit Judge:

The Minidoka Irrigation District ("MID") appeals the district court's grant of summary judgment to the defendants. The district court found that the United States repudiated its contract with MID as early as 1963 and no later than 1985. MID claims that there are genuine issues of material fact making summary judgment improper. We have jurisdiction pursuant to 28 U.S.C. § 1291. We reverse and remand in part and affirm in part.

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