United States v. Joseph F. Donnelly, Deceased, and Therese Donnelly, as of the Estate of Joseph F. Donnelly

944 F.2d 910 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Joseph F. DONNELLY, deceased, and Therese Donnelly, as executrix of the estate of Joseph F. Donnelly, Defendant-Appellant. Nos. 90-35698, 91-35366. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 21, 1991. Decided Sept. 16, 1991. Before TANG, REINHARDT and RYMER, Circuit Judges. 1 MEMORANDUM * 2 * Appellant Therese Donnelly appeals the district court's denial of her motions to dismiss for lack of subject matter jurisdiction and lack of an indispensable party. We affirm the district court's denial. 3 In 1950, the Federal Power Commission withdrew certain lands in the Eagle River Valley from the public lands open to entry by homesteaders to provide a location for possible power development projects. Despite the Commission's actions, Joseph Donnelly and his family occupied the lands in that area and applied for a homestead. The application was…