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TILLAMOOK COUNTY v. U.S. ARMY CORPS OF ENGINEERS

No. 01-35922.

288 F.3d 1140 (2002)

TILLAMOOK COUNTY, Plaintiff-Appellant, v. U.S. ARMY CORPS OF ENGINEERS, Defendant-Appellee, City of McMinnville, acting by and through its Water and Light Commission, Defendant-Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 29, 2002.

Attorney(s) appearing for the Case

Marianne G. Dugan, Eugene, Oregon, for the plaintiff-appellant.

David J. Lazerwitz, Washington, District of Columbia; Thomas C. Lee, Portland, Oregon, for the defendant-appellant.

G. Kevin Kiely, Portland, Oregon; Clark I. Balfour, Portland, Oregon, for the defendant-intervenor-appellee.

Before: POLITZ, CANBY, and KLEINFELD, Circuit Judges.

OPINION

POLITZ, Circuit Judge.

Tillamook County appeals the denial of its motion for preliminary injunction to prevent intervenor-defendant the City of McMinnville, Oregon, from continuing the enlargement of its existing municipal water supply reservoir along the Nestucca River. The County complains that the finding by the United States Army Corps of Engineers that the proposed expansion would not have a...

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