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UNITED STATES v. WADE

Nos. 543, 545, 570.

40 F.2d 745 (1926)

UNITED STATES v. WADE et al., and three other cases.

District Court, D. Idaho, E. D.

April 8, 1926.

Attorney(s) appearing for the Case

McDougall & McDougall, of Pocatello, Idaho, for the Wades and M. A. Driscoll and wife.

Spencer L. Baird, of Portland, Or., for W. C. Sweetwood.

H. J. Swanson, of Pocatello, Idaho, for Slater and Phoenix.

R. S. Anderson, of Grants Pass, Or., for Power County, Idaho.

Merrill & Merrill, of Pocatello, Idaho, for Wooley.

M. M. Myers, of American Falls, Idaho, for Evans Mercantile Co. and Aberdeen-Springfield Canal Co.

Merrill & Merrill, of Pocatello, Idaho, and Cheney, Jensen, Holman & Stephens, of Salt Lake City, Utah, for People's Bank & Trust Co. and American Falls Canal Security Co.

DIETRICH, District Judge.

I have sought earnestly to find some ground upon which I could make an exception to the general rule that costs cannot be awarded against the government in litigation to which it is a party. I am inclined to think that under the state statute (Comp. St. Idaho 1919, § 7421) in respect to costs in condemnation proceedings, costs should be equitably apportioned within the discretion of the court as the facts warrant, and such I think is...

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