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U.S. v. CLIFFORD MATLEY FAMILY TRUST

Nos. 01-15778, 01-15813.

354 F.3d 1154 (2004)

UNITED STATES of America, Plaintiff-Appellant, v. CLIFFORD MATLEY FAMILY TRUST; David L. Matley and Christine L. Matley Family Trust; Matley Farms, Defendants-Appellees. United States of America, Plaintiff, v. Alpine Land & Reservoir Company, a Corporation; et al., Defendants, and Pyramid Lake Paiute Tribe of Indians, Respondent-Appellant, Nevada State Engineers, Real-Party-In-Interest-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 20, 2004.

Attorney(s) appearing for the Case

James C. Kilbourne, Department of Justice, Washington, DC, argued the case for appellant United States. Katherine J. Barton & John L. Smeltzer, Department of Justice, Washington, DC, assisted on the briefs.

Robert S. Pelcyger, Louisville, CO, argued the case for appellant Pyramid Lake Paiute Tribe of Indians. Julia K. Miller, Louisville, CO, assisted on the briefs.

Gordon H. DePaoli, Reno, NV, argued the case for appellee Clifford Matley Family Trust, et al.

Before SNEED, McKEOWN, and PAEZ, Circuit Judges.

Opinion by Judge PAEZ; Partial Concurrence and Partial Dissent by Judge SNEED.

PAEZ, Circuit Judge:

This appeal involves another aspect of the many disputes over rights to water from the Newlands Reclamation Project (the "Project") in western Nevada. Appellants United States and Pyramid Lake Paiute Tribe of Indians (the "Tribe") appeal the district court's order affirming a ruling by the court-appointed Water Master to reclassify farm land located in the Project...

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