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KLAMATH WATER USERS v. U.S. DEPT. OF INTERIOR

No. 97-36208.

189 F.3d 1034 (1999)

KLAMATH WATER USERS PRTECTIVE ASSOCIATION, Plaintiff-Appellant, v. UNITED STATES DEPARTMENT OF THE INTERIOR; Bureau of Indian Affairs, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1999.

Attorney(s) appearing for the Case

Andrew M. Hitchings, DeCuir & Somach, Sacramento, California, for the plaintiff-appellant.

Matthew M. Collette, United States Department of Justice, Washington, D.C., for the defendants-appellees.

Before: KLEINFELD and HAWKINS, Circuit Judges, and SCHWARZER, Senior District Judge.

Opinion by Judge SCHWARZER; Dissent by Judge MICHAEL DALY HAWKINS.

SCHWARZER, Senior District Judge:

The question before us is whether documents submitted by Indian Tribes at the request of the Department of the Interior in the course of consultation over ongoing administrative and adjudicative proceedings involving water rights and allocations affecting the Tribes' interests are exempt under the Freedom of Information Act as "inter-agency or intra-agency...

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