v2682-191

No. 12895

IN THE

mnitta States

Court of appeals

FOR THE NINTH CIRCUIT

STATE OF WASHINGTON, a Sovereign State, and

SMITH TROY, Attorney General of the State of

Washington,

Appellants,

vs.

UNITED STATES OF AMERICA,

Appellee.

UNITED STATES OF AMERICA,

Appellant,

vs.

STATE OF WASHINGTON, a Sovereign State, and

SMITH TROY, Attorney General of the State of

Washington,

Appellees.

UPON APPEAL* FROM THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WASHINGTON,

SOUTHERN DIVISION

HONORABLE CHARLES H. LEAVY, Judge

BRIEF OF APPELLEE AND CROSS- APPELLANT

JURISDICTIONAL STATEMENT '

The defendant accepts plaintiffs' jurisdictional

Since consolidated cross-appeals are involved here-

in, the several parties are referred to in this Brief,

for the purposes of convenience and avoidance of con-

fusion, by their respective designations in the court

below, that is, the State of Washington, and Smith

Troy, Attorney General of the State, are referred to

herein as "plaintiffs" and United States of America,

defendant, and cross complainant below, is referred to

herein as ''defendant".

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