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WASHOE COUNTY, NEV. v. U.S.

No. 02-5039.

319 F.3d 1320 (2003)

WASHOE COUNTY, NEVADA; Western Water Development Co., Inc. and Hawthorne-Nevada, Inc. (doing business as Truckee Meadows Project Partnership); and Northwest Nevada Water Resources Limited Partnership, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 27, 2003.

Attorney(s) appearing for the Case

Richard J. Conway, Dickstein Shapiro Morin & Oshinsky LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Bernard Nash, James vanR. Springer, C. Ernest Edgar IV, and Michael J. Slattery.

Ethan G. Shenkman, Attorney, Environment & Natural Resources Division, Policy Legislation and Special Litigation Section, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Thomas L. Sansonetti, Assistant Attorney General; Kathryn E. Kovacs, and Fred R. Disheroon, Attorneys, Appellate Section.

Before CLEVENGER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and PROST, Circuit Judge.

PROST, Circuit Judge.

Appellants, Washoe County, Nevada, Western Water Development Co. Inc. and Hawthorne-Nevada, Inc. (doing business as Truckee Meadows Project Partnership), and Northwest Nevada Water Resources Limited Partnership (collectively "Appellants"), appeal the decision of the United States Court of Federal Claims granting summary judgment to the United States and denying their motion for partial summary judgment. The court held that the government did...

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