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ETCHEGOINBERRY v. U.S.

No. 11-564C.

MICHAEL ETCHEGOINBERRY, et al., Plaintiffs, v. UNITED STATES, Defendant.

United States Court of Federal Claims.

September 30, 2013.

Attorney(s) appearing for the Case

Lily N. Chinn , Beveridge & Diamond, P.C., Washington D.C., for the plaintiffs. With her were Katherine T. Gates and Gus B. Bauman , Beveridge & Diamond, P.C., Washington D.C., Ryan R. Tacorda , Beveridge & Diamond P.C., San Francisco, CA, and William A. Kershaw and Lyle W. Cook , Kershaw, Cutter & Ratinoff, Sacramento, CA.

E. Barrett Atwood , Trial Attorney, Natural Resources Section, Environment & Natural Resources Division, United States Department of Justice, Washington D.C., for the defendant. With him was Robert G. Dreher , Acting Assistant Attorney General, Environment & Natural Resources Division, Washington, D.C. Shelly Randel , Attorney, Office of the Solicitor, United States Department of the Interior, Washington, D.C., of counsel.

OPINION

MARIAN BLANK HORN, Judge.

Plaintiffs, a group of landowners in the Westlands Water District (the Westlands) within the San Luis Unit of the Central Valley Project, have filed claims in the United States Court of Federal Claims, under the Fifth Amendment to the United States Constitution, alleging that the government's failure to comply with its statutory obligation to provide drainage to plaintiffs' farmlands has led to a physical invasion of their...

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