UNITED STATES v. AHTANUM IRRIGATION DISTRICT

No. 17997.

338 F.2d 307 (1964)

UNITED STATES of America, Appellant, v. AHTANUM IRRIGATION DISTRICT, a corporation, et al., Appellee.

United States Court of Appeals Ninth Circuit.

November 2, 1964.


Attorney(s) appearing for the Case

Ramsey Clark, Asst. Atty. Gen., Roger P. Marquis, William H. Veeder, and Edmund B. Clark, Dept. of Justice, Washington, D. C., for appellant.

Palmer, Willis & McArdle, and Fred C. Palmer, Gavin, Robinson, Kendrick & Redman, and John Gavin, Yakima, Wash., for appellees.

John J. O'Connell, Atty. Gen. for State of Washington, Charles B. Roe, Jr., Asst. Atty. Gen., and E. P. Donnelly, Sp. Asst. Atty. Gen., Olympia, Wash., for appellee State of Washington.

James B. Hovis, Yakima, Wash., amicus curiæ Yakima Tribe of Indians.

Before CHAMBERS, POPE and MERRILL, Circuit Judges.


PER CURIAM.

In an opinion on an earlier appeal in this case, 330 F.2d 897, we held that the individual defendants must prove and establish their water rights, and the extent thereof, as of 1908, for the purpose of measuring their rights under a certain 1908 agreement between the United States and the predecessors of these defendants. Upon this second appeal our decision noted that the Master, who heard the case on retrial and whose...

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