Barcellos & Wolfsen, Inc. v. Westlands Water District

MEMORANDUM DECISION

The motion of the United States of America, Department of Interior, Bureau of Reclamation, Cecil D. Andrus, Guy R. Martin, R. Keith Higginson and Bill E. Martin, hereinafter referred to as “The Federal Defendants” to dismiss the plaintiffs Third Amendment Complaint and Supplemental Complaint came on for hearing before the Court on Monday, March 31, 1980. Calendared for hearing at the same time and heard simultaneously with the foregoing motion was the motion of the United States of America, Department of the Interior, Bureau of Reclamation, Cecil D. Andrus, Guy R. Martin, R. Keith Higginson and Bill E. Martin, hereinafter referred to as “The Federal Cross-Claim Defendants,” motion to Dismiss the Counterclaim and Cross-Claim filed against The Federal Cross-Claim Defendants by the defendant West-lands Water District, hereinafter referred to as “Westlands”.

The thrust of the Federal Defendant’s motion as against the plaintiffs attacked the jurisdiction of the Court to entertain this action as against the said Federal Defendants, arguing that any such action against the defendants is barred by the doctrine of sovereign immunity. The same argument is urged as a…