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U.S. v. MORROS

No. 00-17330.

268 F.3d 695 (2001)

UNITED STATES of America, Plaintiff-Appellant, v. Peter MORROS, Defendant, and State of Nevada; R. Michael Turnipseed; Nevada Agency for Nuclear Projects, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 2001.

Attorney(s) appearing for the Case

John Cruden, Acting Assistant Attorney General; Stephen A. Bartell, David C. Shilton, and Jared A. Goldstein, Attorneys, Department of Justice, for plaintiff-appellant United States.

Frankie Sue Del Papa, Attorney General; Paul G. Taggart, Deputy Attorney General, for defendants-appellees Director of Nevada Department of Conservation Resources and the Nevada State Engineer.

Frankie Sue Del Papa, Attorney General; Marta A. Adams, Senior Deputy Attorney General, for defendant-appellee Nevada Agency for Nuclear Projects.

Before: PROCTER HUG, Jr. and THOMAS G. NELSON, Circuit Judges, and MILTON I. SHADUR, District Judge.

Argued and Submitted May 14, 2001 — San Francisco, California.

Opinion by Judge T.G. NELSON; Dissent by Judge HUG

OPINION

T.G. NELSON, Circuit Judge:

The United States appeals the district court's decision to abstain from deciding whether the Nevada State Engineer's denial of the United States' water permit applications is preempted by federal law. We hold that abstention was improper and remand for adjudication on the merits.

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