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KLAMATH IRRIGATION DISTRICT v. U.S.

Nos. 01-591L, 01-5910L, 01-29125L

KLAMATH IRRIGATION DISTRICT, et al., Plaintiffs, v. THE UNITED STATES Defendant, PACIFIC COAST FEDERATION OF FISHERMEN'S ASSOCIATIONS, Defendant-Intervenor.

United States Court of Federal Claims.

November 22, 2013.

Attorney(s) appearing for the Case

Nancie G. Marzulla and Roger J. Marzulla, Marzulla Law, LLC, Washington, DC, for plaintiffs.

Kristine Sears Tardiff, Environmental and Natural Resources Division, United States Department of Justice, Concord, New Hampshire, with whom was Assistant Attorney General Ignacia S. Moreno, for defendant.

Todd D. True, Earthjustice Legal Defense Fund, Seattle, WA, for Defendant-Intervenor.

OPINION

FRANCIS M. ALLEGRA, Judge.

Section 1500 of Title 28 of the United States Code bars litigation in this court of the same dispute pending in another court. Passed shortly after the Civil War, and long outliving its original purpose, this gatekeeper provision has oft been described as an "anachronism"1 and a "trap for the unwary."2 Yet, in recent years, it has experienced a risorgimento,<...

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