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BOOTH FISHERIES CO. v. UNITED STATES

No. 4504.

6 F.2d 500 (1925)

BOOTH FISHERIES CO. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied August 3, 1925.

Attorney(s) appearing for the Case

H. L. Faulkner, of Juneau, Alaska, for plaintiff in error.

Arthur G. Shoup, U. S. Atty., and Howard D. Stabler, Asst. U. S. Atty., both of Juneau, Alaska.

Before HUNT, RUDKIN, and McCAMANT, Circuit Judges.

RUDKIN, Circuit Judge (after stating the facts as above).

The court below was of opinion that the amendment of 1924, providing that the mouth of a stream shall be taken to be the point determined as such by the Secretary of Commerce, and marked in accordance with his determination, made no change in the then existing law, unless and until the Secretary of Commerce saw fit to exercise the authority thus conferred. In other words, that the question whether the law has...

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