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U.S. v. ALPINE LAND & RESERVOIR CO.

Nos. 97-17011, 97-17016.

174 F.3d 1007 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. ALPINE LAND & RESERVOIR COMPANY, Defendant. In the Matter of State Engineer Decision Regarding Application 61995 Churchill County, a political subdivision of the State of Nevada, Petitioner-Appellant, v. R. Michael Turnipseed, State Engineer, State of Nevada, Department of Conservation and Natural Resources, Division of Water Resources, Respondent-Appellee. United States of America, Plaintiff-Appellee, v. Orr Water Ditch Co., et al., Defendants. In the Matter of State Engineer Decision Regarding Application 61995 Churchill County, a political subdivision of the State of Nevada, Petitioner-Appellant, v. R. Michael Turnipseed, State Engineer, State of Nevada, Department of Conservation and Natural Resources, Division of Water Resources, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 8, 1999.

Attorney(s) appearing for the Case

Richard G. Campbell, Jr., Campbell & Stone, Reno, Nevada, for the petitioner-appellant.

Frankie Sue Del Papa, Attorney General of Nevada, David C. Creekman, Deputy Attorney General, Carson City, Nevada, for the respondent-appellee.

Lois J. Schiffer, Assistant Attorney General, Stephen M. Macfarlane, Trial Attorney, Environment & Natural Resources Division, U.S. Department of Justice, Sacramento, California, for the plaintiff-appellee.

Steven D. King, Assistant City Attorney, Fallon, Nevada, for amicus curiae City of Fallon.

Gordon H. DePaoli, Woodburn & Wedge, Reno, Nevada, for amicus curiae Sierra Pacific Power Co.

Robert S. Pelcyger, Fredericks, Pelcyger, Hester & White, L.L.C., Louisville, Colorado, for amicus curiae Pyramid Lake Paiute Tribe of Indians.

Donald L. Christensen, Deputy City Attorney, Reno, Nevada, for amici curiae Cities of Reno and Sparks, Nevada.

Before: BETTY B. FLETCHER, A. WALLACE TASHIMA, and M. MARGARET McKEOWN, Circuit Judges.

TASHIMA, Circuit Judge:

Churchill County appealed to a Nevada state court the decision of the Nevada State Engineer, R. Michael Turnipseed, granting a water rights transfer application to the United States Fish and Wildlife Service. The United States District Court for the District of Nevada enjoined the state court proceeding because the state proceeding interfered with the district court's exclusive jurisdiction to hear appeals regarding the water rights at issue...

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