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UTAH v. U.S.

No. 2:97CV927DAK.

335 F.Supp.2d 1319 (2004)

State of UTAH, by and through its DIVISION OF FORESTRY, FIRE AND STATE LANDS, Plaintiff, v. UNITED STATES of America; Department of the Interior; Bureau of Reclamation; Eluid Martinez, in his official capacity as Commissioner; Bureau of Land Management; Sally Wisely, in her capacity as Utah State Director, BLM; Richard W. Davis; John Doe and Mary Doe; et al., Defendants.

United States District Court, D. Utah, Central Division.

September 14, 2004.

Attorney(s) appearing for the Case

Michael Goldsmith, Park City, UT, Pro se.

Philip C. Pugsley, Michael S. Johnson, J. Mark Ward, Utah Attorney General's Office, Salt Lake City, UT, for State of Utah.

W. Cullen Battle, Fabian & Clendenin, Salt Lake City, UT, Joro Walker, Western Resource Advocates, Salt Lake City, UT, for Utah Lake Users.

James E. Karkut, Department of Interior Office of Regional Solicitor, Salt Lake City, UT, Donna S. Fitzgerald, Lois J. Schiffer, Joshua E. Swift, U.S. Dept. of Justice, Environmental & Natural Resources Division, Washington, DC, Robert C. Fillerup, Orem, UT, for Defendants.

Phyllis Ensign, Salt Lake City, UT, Pro se.

Thor B. Cedarstrom, Pleasant Grove, UT, Pro se.

Mary B. Herbert, Provo, UT, Pro se.

M. Dale Jeffs, Jeffs & Jeffs, Provo, UT, for Clinger Family Partnership.

Jerald L. Cross, Orem, UT, Pro se.

Laurie Cross, Orem, UT, Pro se.

Robert H. Herbert, Provo, UT, Pro se.

Gray Lowery, Lehi, UT, Pro se.

Waldo Company, Orem, UT, Pro se.

Harbour Links Association, Mapleton, UT, Pro se.

Marlin E. Hall, Lake Shore, UT, Pro se.

J L.C., Leeds, UT, Pro se.

Evan Johnson, Mount Pleasant, UT, Pro se.

MEMORANDUM DECISION AND ORDER DENYING CERTIFICATION TO STATE COURT

KIMBALL, District Judge.

This matter is before the court on Plaintiff-Intervenor's ("Utah Lake Users") Motion to Certify Questions of State Law. The parties have fully briefed the issue and the court concludes that a hearing will not significantly aid in its determination of the motion. After careful consideration of the parties' memoranda, as well as the facts and law relevant to the present...

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