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UTE DISTRIBUTION CORP. v. SECRETARY OF INTERIOR

Case No. 2:95-CV-376.

624 F.Supp.2d 1322 (2008)

UTE DISTRIBUTION CORPORATION, a Utah Corporation, Plaintiff/Appellant, v. SECRETARY OF THE INTERIOR OF THE UNITED STATES, in his official capacity; and agents and employees, and those working in concert with him, Defendants/ Appellees, UTE Indian Tribe of the Uintah and Ouray Reservation, Defendant Intervener/ Appellee, and Red Rock Corporation, a Utah Corporation, Defendant-Intervener.

United States District Court, D. Utah, Central Division.

June 2, 2008.

Attorney(s) appearing for the Case

Max D. Wheeler, Camille N. Johnson, Judith D. Wolferts, Rodney R. Parker, Shawn E. Draney, Snow Christensen & Martineau, Salt Lake City, UT, for Plaintiff/Appellant.

John K. Mangum, Us Attorney's Office, Salt Lake City, UT, Kimberly D. Washburn, Law Offices of Kimberly D Washburn, Draper, UT, Tod J. Smith, Whiteing & Smith, Boulder, CO, for Defendants/Appellees.

John R Lehmer, D'Elia & Lehmer, Park City, UT, Robert S. Thompson, III, Pruitt Gushee, John K. Mangum, US Attorney's Office, Stephen L. Roth, Third District Court, Salt Lake City, UT, Tod J. Smith, Whiteing & Smith, Boulder, CO, Sandra Hansen, Vernal, UT, for Defendant Intervener/Appellee.

MEMORANDUM OPINION AND ORDER

DEE BENSON, District Judge.

This case arises out of the Secretary of the Interior's determination that tribal water rights of the Ute Indian Tribe were divided and distributed in 1961 pursuant to the Ute Partition and Termination Act ("UPA"). 25 U.S.C. §§ 677 et seq. Plaintiff Ute Distribution Corporation ("UDC") has appealed the Secretary's decision, and the issue is now before the Court pursuant to the judicial...

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