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STOCKTON EAST WATER DIST. v. U.S.

No. 2007-5142.

638 F.3d 781 (2011)

STOCKTON EAST WATER DISTRICT, Central San Joaquin Water Conservation District, and California Water Service Company, Plaintiffs-Appellants, and San Joaquin County, and Stockton City, Plaintiffs, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing En Banc Granted in Part April 4, 2011.

Attorney(s) appearing for the Case

Kathryn E. Kovacs , Attorney, Appellate Section, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, filed a combined petition for panel rehearing and rehearing en banc for defendant-appellee. With her on the petition were John C. Cruden , Acting Assistant Attorney General, and Katherine J. Barton , Attorney.

Jennifer L. Spaletta , Herum Crabtree Brown , of Stockton, CA, filed a response to the combined petition for plaintiffs-appellants. With her on the response were Jeanne M. Zolezzi and Natalie M. Weber . Of counsel on the response were Roger J. Marzulla and Nancie E. Marzulla , Marzulla Law, of Washington, DC.

Order for the court filed by Circuit Judge PLAGER. Dissent filed by Circuit Judge GAJARSA.

ON PETITION FOR PANEL REHEARING

PLAGER, Circuit Judge.

ORDER

I. BACKGROUND

This case began in 1993 when the plaintiff water districts (Districts) sued the United States (Government) in federal district court. The suit claimed that the Government had failed to provide the Districts with the water, which the Government had contracted to supply. The case eventually was transferred to the Court of...

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