LAMOREAUX v. KINNEY

No. 5792.

41 F.2d 30 (1930)

LAMOREAUX v. KINNEY et al.

Circuit Court of Appeals, Ninth Circuit.

May 19, 1930.


Attorney(s) appearing for the Case

Homer Johnstone and W. W. Kaye, both of Los Angeles, Cal., for appellant.

Thos. Armstrong, Jr., R. Wm. Kramer, G. W. Shute, and Robert H. Armstrong, all of Phœnix, Ariz., for appellees.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.


RUDKIN, Circuit Judge.

This suit is the outgrowth of a range war between contending sheep and cattlemen. Briefly stated, it appears from the allegation of the bill of complaint that between the years 1880 and 1895 a certain range on the public domain in the territory and state of Arizona was used exclusively by sheepmen; that there was a shortage of water on the range and, soon after 1880, the sheepmen using it constructed dams and reservoirs for the purpose of conserving...

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