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CABEZA DE VACA LAND & CATTLE CO. v. BABBITT

No. Civ.A.98-B-1868.

58 F.Supp.2d 1226 (1999)

CABEZA DE VACA LAND & CATTLE CO., L.L.C., Plaintiffs, v. Bruce BABBITT, in his official capacity as Secretary of the United States Department of the Interior, Garry Rowe, J. Allen Davey and George Whitten, in their official capacities as members of the Closed Basin Project Operating Committee, Defendants.

United States District Court, D. Colorado.

August 6, 1999.

Attorney(s) appearing for the Case

Timothy M. Tymkovich, Monica A. Woods, Hale Hackstaff Tymkovich Erkenbrack & Shih, L.L.P., Denver, CO, for plaintiffs.

Andrew F. Walch, James J. Dubois, Environment and Natural Resources Division, U.S. Department of Justice, Denver, CO, Kenneth Salazar, Attorney General of Colorado, Barbara McDonnell, Chief Deputy Attorney General, Michael E. McLachlan, Solicitor General, Felicity Hannay, Deputy Attorney General, Jennifer L. Gimbel, Assistant Attorney General, Natural Resources and Environmental Section, Denver, Co, David W. Robbins, Dennis M. Montgomery, Denver, CO, for defendants.

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

In this declaratory judgment action brought by Plaintiff Cabeza de Vaca Land & Cattle Co., Inc. under the Reclamation Project Authorization Act of 1972 (Reclamation Act), defendants Garry Rowe (Mr. Rowe), J. Allen Davey (Mr. Davey), George Whitten (Mr. Whitten), and Bruce Babbitt, Secretary of the United States Department of the Interior (Secretary), move, pursuant to Fed.R.Civ.P. 12(b)(1), or in...

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