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UNITED STATES v. HIBNER

No. 478.

27 F.2d 909 (1928)

UNITED STATES ex rel. Ray, U. S. Atty., v. HIBNER et al.

District Court, D. Idaho, E. D.

August 6, 1928.

Attorney(s) appearing for the Case

H. E. Ray, U. S. Dist. Atty., of Boise, Idaho, for plaintiff.

R. W. Jones, of Pocatello, Idaho, George H. Smith, of Salt Lake City, Utah, H. B. Thompson, J. H. McEvers, Merrill & Merrill, H. J. Swanson, Holden & Coffin, and Isaac McDougall, all of Pocatello, Idaho, H. C. McDougall, of Boise, Idaho, and Jones, Pomeroy & Jones, of Pocatello, Idaho, for defendants.

CAVANAH, District Judge.

The United States invokes the jurisdiction of this court to hear and determine the rights of Indian wards (and their heirs) of the government to the use of the waters of Toponce creek, in Bannock county, Idaho, for irrigation and domestic purposes, upon the ground that such rights were granted to the Indians under the treaty made between it and them, known as the "Ft. Bridger Treaty," of February 16, 1869 (15 Stat. 673).

The complaint...

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