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U.S. v. PEND OREILLE COUNTY PUB. UTIL. DIST. NO. 1

Nos. 95-36289, 96-35022 and 96-35045.

135 F.3d 602 (1998)

UNITED STATES of America, Plaintiff, and Kalispel Indian Tribe, Plaintiff-Intervenor-Appellant, v. PEND OREILLE COUNTY PUBLIC UTILITY DISTRICT NO. 1, Defendant-Appellee, and Washington State Department of Natural Resources, Defendant-Intervenor. UNITED STATES of America, Plaintiff-Appellant, and Kalispel Indian Tribe, Plaintiff-Intervenor, v. PEND OREILLE COUNTY PUBLIC UTILITY DISTRICT NO. 1, Defendant-Appellee, and Washington State Department of Natural Resources, Defendant-Intervenor. UNITED STATES of America, Plaintiff-Appellee, and Kalispel Indian Tribe, Plaintiff-Intervenor-Appellee, v. PEND OREILLE COUNTY, Defendant-Appellant, and WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES, Defendant-Intervenor, v. KALISPEL INDIAN TRIBE, Plaintiff-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1998.

Attorney(s) appearing for the Case

Elizabeth Anne Peterson, Department of Justice, Washington, DC, for plaintiff/appellant/cross-appellee.

Allen Sanders, Columbia Legal Services, Seattle, Washington, for plaintiff-intervenor/appellant/cross-appellee.

Jerry Boyd, Paine, Hamblen, Coffin, Brooke and Miller, LLP, Spokane, Washington, for defendant/appellee/cross-appellant.

Before: FERGUSON, BOOCHEVER, and TROTT, Circuit Judges.

Opinion by Judge BOOCHEVER; Dissent by Judge FERGUSON.

BOOCHEVER, Circuit Judge:

The United States and the Kalispel Indian Tribe appeal, and the Pend Oreille County Public Utility District No. 1 cross-appeals, the district court's decision awarding damages to the Tribe for the utility's flooding of tribal lands. This is the third appeal to this court from continuing controversies arising out of the 1955 construction of the Box Canyon dam in Washington.

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