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

No. 00-15692.

291 F.3d 1062 (2002)

UNITED STATES of America, Plaintiff, and Pyramid Lake Paiute Tribe of Indians, Appellant, v. ALPINE LAND & RESERVOIR COMPANY, a corporation; et al., Defendant, and Nevada State Engineer; Rambling River Ranches, Inc., Appellees. United States of America, Plaintiff-Appellee, v. Alpine Land & Reservoir Company, a corporation; et al., Defendant, and Rambling River Ranches, Inc., Appellee, Larry Fritz; Gaylord Blue Equity Trust, Applicants-Appellees. United States of America, Plaintiff-Appellant, Pyramid Lake Paiute Tribe of Indians, Intervenor-Appellee, v. Alpine Land & Reservoir Company, a corporation; et al., Defendant, and Rambling River Ranches, Inc., Appellee, Larry Fritz; Gaylord Blue Equity Trust; Herbert Lohse, Applicants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed February 14, 2002.

Amended June 5, 2002.


Attorney(s) appearing for the Case

Katherine J. Barton, United States Department of Justice, Washington, DC, for plaintiff-appellant United States of America.

Robert S. Pelcyger, Fredericks, Pelcyger & Hester, LLC, Louisville, CO, for appellant-cross-appellee Pyramid Lake Paiute Tribe of Indians.

Craig A. Pridgen, McQuaid, Metzler, Bedford & Van Zandt, LLP, San Francisco, CA, for appellee Herbert Lohse and cross-appellant-appellee Wayne Whitehead.

Steven D. King, Mackedon, McCormick & King, Fallon, NV, for applicants-appellees Larry Fritz and Gaylord Blue Equity Trust.

Laura A. Schroeder, Portland, OR, for appellee Rambling River Ranches, Inc.

Michael L. Wolz, Deputy Attorney General, Carson City, NV, for appellee Nevada State Engineer.

Before: HAWKINS and TASHIMA, Circuit Judges, and WILKEN, District Judge.


ORDER

The opinion filed on February 14, 2002, and reported at 279 F.3d 1189, is hereby amended by adding new footnote 22 at the end of the first sentence, second paragraph, of Part IV. CONCLUSION, slip op. at 2625, 279 F.3d at 1189, as follows:

22 This holding applies only to the extent that the equitable intrafarm exemption was used to find that no abandonment or forfeiture had occurred as to the parcels at issue in the...

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