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STATE ENGINEER OF NV v. SOUTH FORK BAND OF TE-MOAK

No. CV-N-98-679-ECR(RAM).

114 F.Supp.2d 1046 (2000)

STATE ENGINEER OF THE STATE OF NEVADA, and Water Commissioners of the Sixth Judicial District Court, Petitioners, Pershing County Water Conservation District, Petitioner-Intervenor v. SOUTH FORK BAND OF THE TE-MOAK TRIBE OF WESTERN SHOSHONE INDIANS OF NEVADA; Marvin McDade, in his capacity as Chairman of the South Fork Band Council; and the United States of America, as Trustee for the South Fork Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada, Respondents.

United States District Court, D. Nevada.

August 30, 2000.

Attorney(s) appearing for the Case

Paul Taggart, Deputy Attorney General, Carson City, NV, for State Engineer of the State of Nevada.

Laura A. Schroeder, Portland, OR, for Intervenor Pershing County Water Conservation District.

Shirley Smith, AUSA, Reno, and Patrick Barry, Attorney Department of Justice, Environment & National Res. Div., Indian Resources Section, Washington, DC, for U.S.A.

Raymond Rodriguez, Nevada Legal Services, Inc., Carson City, NV, for South Fork Band of the Te-Moak Tribe, Marvin McDade.

ORDER

EDWARD C. REED, Jr., District Judge.

On January 21, 2000(# 78), Petitioners moved the Court to reconsider its decision on the original motion for remand. In the course of consideration of the motion for reconsideration, the Court analyzed the question of the subject matter jurisdiction of the federal court. That question was resolved in the minute order filed June 26, 2000 (# 101). Clearly, the court has subject matter jurisdiction to hear the case...

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