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U.S. v. PEND OREILLE CTY. PUB. UTIL. DIST. NO. 1

No. C-80-116-RMB.

585 F.Supp. 606 (1984)

UNITED STATES of America, Plaintiff, and Kalispel Indian Tribe, Plaintiff-Intervenor, v. PEND OREILLE COUNTY PUBLIC UTILITY DISTRICT NO. 1, a municipal corporation, Defendant, and Department of Natural Resources, State of Washington, Defendant-Intervenor.

United States District Court, E.D. Washington.

May 25, 1984.

Attorney(s) appearing for the Case

John E. Lamp, U.S. Atty., Earl A. Hicks, Asst. U.S. Atty., Spokane, Wash., for plaintiff.

Robert D. Dellwo, Dellwo, Rudolph, & Schroeder, P.S., Spokane, Wash., for plaintiff-intervenor.

James McNally, McNally & Stewart, Jerry K. Boyd, Paine, Hamblen, Coffin & Brooke, Spokane, Wash., for defendant.

Kenneth O. Eikenberry, Atty. Gen., J. Lawrence Coniff, Asst. Atty. Gen., Olympia, Wash., for defendant-intervenor.

ORDER

BILBY, District Judge.

This matter is before the Court on the motions for summary judgment of defendant Pend Oreille County Public Utility District No. 1 and defendant-intervenor Washington State Department of Natural Resources. They seek judgment that the Kalispel Indian Tribe has no interest in the bed and banks of the Pend Oreille River, arguing that such an interest could result only from a conveyance by the United States before Washington was...

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