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SAUVE v. ABBOTT

No. 635.

19 F.2d 619 (1927)

SAUVE v. ABBOTT et al.

District Court, D. Idaho, E. D.

March 18, 1927.

Attorney(s) appearing for the Case

Karl Paine and H. S. MacMartin, both of Boise, Idaho, for plaintiff.

C. E. Crowley, of Idaho Falls, Idaho, F. A. Miller, of St. Anthony, Idaho, and B. H. Miller, of Idaho Falls, Idaho, for defendants.

CAVANAH, District Judge.

The plaintiff, a nonresident, brings this suit to adjudicate the waters of Mud Lake and its tributaries, which are situated in Jefferson county, and bases his claim of a prior right and ownership in and to such waters to the extent of 6.4 cubic feet per second of water for irrigation purposes, upon a permit granted on August 28, 1926, by the department of reclamation of the state of Idaho. Under the terms of the permit, plaintiff was given...

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