Andrus

ORDER DENYING MOTION FOR NEW TRIAL

Final judgment in this action having been entered in favor of defendants on October 27,1977, plaintiff County of Trinity filed on November 3, 1977, a timely motion for a new trial on grounds of newly discovered evidence. Pursuant to stipulation and order, the motion was submitted to the Court without argument on November 30, 1977, on the basis of the parties’ briefs, the affidavit of Earl S. Wolcott, III, filed November 3, 1977, and the affidavit of Felix E. Smith, filed November 21, 1977. After careful consideration of each of these documents, the Court concludes that plaintiff has failed to make the showing required for a reopening of the case pursuant to Federal Rule of Civil Procedure 59.

The new facts submitted consist principally of flow release recommendations made by the Action and Management Groups of the Trinity River Basin Fish and Wildlife Task Force (“Task Force”) on August 25 and September 28, 1977, long after the hearing on the merits of the action conducted on July 11, 1977. Compelling policies of finality require that in the absence of exceptional circumstances, events occurring after a trial on the merits cannot justify the…