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ALMO WATER CO. v. JONES

No. 5820.

39 F.2d 37 (1930)

ALMO WATER CO. et al. v. JONES et al. PIERCE et al. v. ALBION-IDAHO LAND CO. et al.

Circuit Court of Appeals, Ninth Circuit.

March 24, 1930.

Attorney(s) appearing for the Case

Jess B. Hawley, Oscar W. Worthwine, James H. Hawley, Jr., and Hawley & Hawley, all of Boise, Idaho, for appellants Almo Water Co. and others.

S. T. Lowe, of Burley, Idaho, and E. M. Wolfe, of Twin Falls, Idaho, for appellants Pierce and others.

W. G. Bissell and Branch Bird, both of Gooding, Idaho, for appellee Idaho Land Co.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

RUDKIN, Circuit Judge.

The present suit was instituted by the Albion-Idaho Land Company, a California corporation, owner of a considerable acreage of arid land in Cassia county, Idaho, irrigated by waters diverted and appropriated from Raft river in that state, against approximately seven hundred residents and citizens of the states of Idaho and Utah, who claim the right to use waters appropriated and diverted from the same stream and its tributaries, to settle and...

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