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  5. 649 F.2d 1286 (1981)
 

UNITED STATES v. TRUCKEE-CARSON, ETC.

Nos. 78-1115, 78-1493.

649 F.2d 1286 (1981)

UNITED STATES of America, Plaintiff-Appellant, and Pyramid Lake Paiute Tribe of Indians, Plaintiff-Intervenor-Appellant, v. TRUCKEE-CARSON IRRIGATION DISTRICT, STATE OF NEVADA, Sierra Pacific Power Company, City of Reno, City of Sparks, County of Washoe, and Washoe County Treasurer, Trustee, Albert A. Alcorn, and Approximately 17,000 Other Individually Named Persons, Firms, Partnerships, and Corporations, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 15, 1981.

As Modified July 10, 1981.

Attorney(s) appearing for the Case

Robert S. Pelcyger, Boulder, Colo., argued for Paiute Tribe; Robert D. Stitser, Reno, Nev., on brief.

Joseph J. Brecher, Oakland, Cal., Phillip Shea, Mark, Shea & Wilks, Phoenix, Ariz., Arthur Lazarus, Jr., Washington, D.C., amicus curiae.

Peter Steenland, Jr., Atty., Dept. of Justice, Washington, D. C., for the U. S.

John W. Hoffman, Reno, Nev., argued for the State of Nev.; Gordon H. De Paoli, Reno, Nev., argued for Sierra Pacific; Frederick G. Girard, Sacramento, Cal., argued for Truckee-Carson Irrigation Dist.; Paul W. Freitag, Sparks, Nev., Nada Novakovich, Jack I. McAuliffe, Maurice J. Sullivan, Robert L. Van Wagoner and Richard W. Blakey, M. Bryon Lewis and Fredrick J. Martone, Phoenix, Ariz., Jarold M. Young, Edward Reed, Thomas J. Hall, Leslie B. Gray, Reno, Nev., on brief.

Before TUTTLE, SKOPIL, and SCHROEDER, Circuit Judges.

SKOPIL, Circuit Judge:

This action is brought by the United States and the Pyramid Lake Paiute Tribe to quiet title to a water right to sustain the Pyramid Lake fishery. The question raised in this appeal is whether an equitable water adjudication filed by the government in 1913 and finalized in 1944 precludes this cause of action.

In 1913 the United States filed in the U.S. District Court in Nevada an equitable action, United States v. Orr Water Ditch...

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