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UPPER SNAKE RIVER CHAPTER OF TROUT UNLTD. v. HODEL

Civ. No. 88-4100.

706 F.Supp. 737 (1989)

UPPER SNAKE RIVER CHAPTER OF TROUT UNLIMITED, Idaho Environmental Council, South Fork Coalition, Idaho Sportsman Coalition, and Marv Hoyt, Plaintiffs, v. Donald HODEL, in his official capacity as Secretary of the Interior, C. Dale Duvall, in his official capacity as Chief of the Bureau of Reclamation, Defendants, v. COMMITTEE OF NINE, Twin Falls Canal Company, Northside Canal Company, Milner Irrigation District, Minidoka Irrigation District, Defendants/Intervenors, et al.

United States District Court, D. Idaho.

January 24, 1989.

Attorney(s) appearing for the Case

John Radin, Radin & Webb, Idaho Falls, Idaho, for plaintiffs.

John A. Rosholt, Steven K. Tolman, Nelson Rosholt Robertson Tolman & Tucker, Twin Falls, Idaho, for Twin Falls Canal Co., North Side Canal Co., Milner Irrigation Dist., and Minidoka Irrigation Dist.

Kent W. Foster, Donald L. Harris, Holden Kidwell Hahn & Crapo, Idaho Falls, Idaho, for Committee of Nine, et al.

D. Marc Haws, Asst. U.S. Atty., John J. Hockberger, Jr., U.S. Dept. of Interior, Office of the Sol., Boise, Idaho, for U.S. defendants.

Roger D. Ling, Ling Nielsen & Robinson, Rupert, Idaho, for Aberdeen Springfield Canal Co., A & B Irrigation Dist. Co. and Falls Irrigation Dist.

MEMORANDUM DECISION

CALLISTER, District Judge.

The Court conducted hearings on November 8 and 9, 1988, on plaintiffs' motion for preliminary injunction. At the conclusion of the hearing counsel for all parties stipulated that the Court may consider the case as having been fully submitted on the merits, and that the evidence produced at the hearing, together with the affidavits and pleadings filed by the parties, may be considered by the Court to resolve...

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