TWIN FALLS CANAL CO. v. AMERICAN FALLS RESERVOIR DIST. NO. 2

No. 1521.

45 F.2d 649 (1930)

TWIN FALLS CANAL CO. v. AMERICAN FALLS RESERVOIR DIST. NO. 2.

District Court, D. Idaho, S. D.

November 29, 1930.


Attorney(s) appearing for the Case

James R. Bothwell, of Twin Falls, Idaho, for plaintiff.

Bissell & Bird, of Gooding, Idaho, and B. E. Stoutemyer, of Portland, Or., for defendant.


CAVANAH, District Judge.

This suit is again before the court upon defendant's demurrer to plaintiff's amended complaint, but presents the same questions asserted on the demurrer to the original complaint. The conclusion reached by the court, as appears in its memorandum opinion, was that a cause of action had not accrued, as the action was prematurely brought, and that it was unnecessary to then decide the other questions raised by the demurrer. The facts alleged...

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