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

Nos. 01-16694, 01-16789.

341 F.3d 1172 (2003)

UNITED STATES of America; Nevada State Engineer, Plaintiffs-Appellees, County of Churchill, Petitioner-Appellant, and City of Fallon, Petitioner, v. ALPINE LAND & RESERVOIR COMPANY, Defendant, and Hugh Ricci, Respondent-Appellee. UNITED STATES of America; Nevada State Engineer, Plaintiffs-Appellees, City of Fallon, Petitioner-Appellant, and County of Churchill, Petitioner, v. Alpine Land & Reservoir Company, Defendant, and Hugh Ricci, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 4, 2003.

Attorney(s) appearing for the Case

Richard G. Campbell, Jr., Reno, Nevada, for appellant Churchill County.

Steven King, Fallon, Nevada, for appellant City of Fallon.

Susan Pacholski, Andrew Mergen & Stephen MacFarlane, DOJ, Washington, DC, Thomas Sansonetti, Assistant Attorney General, Sacramento, California, and Karen Koch, Sacramento, California, for appellee United States.

Michael L. Wolz, Deputy Attorney General and Frankie Sue Del Papa, Attorney General, Carson City, Nevada, for appellee Nevada State Engineer.

Before: Joseph T. Sneed, M. Margaret McKeown and Richard A. Paez, Circuit Judges.

Argued and Submitted November 7, 2002 — San Francisco, California.

OPINION

PAEZ, Circuit Judge:

Churchill County (the "County") and the City of Fallon (the "City") appeal the district court's judgment that affirmed the Nevada State Engineer's (the "State Engineer" or "Engineer") Ruling 4979. In that ruling, the State Engineer approved eight applications of the United States Fish and Wildlife Service ("USFWS") to transfer the place of use of...

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