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TERRITORY OF HAWAII v. GAY

No. 6307.

52 F.2d 356 (1931)

TERRITORY OF HAWAII v. GAY et al.

Circuit Court of Appeals, Ninth Circuit.

August 29, 1931.

Attorney(s) appearing for the Case

Thompson, Beebe & Winn, Frank E. Thompson, Eugene H. Beebe, Montgomery E. Winn, and M. K. Ashford, all of Honolulu, Hawaii, for appellant.

Robertson & Castle, A. G. M. Robertson, Arthur Withington, and J. G. Anthony, all of Honolulu, Hawaii, for appellees Robinson.

Prosser, Anderson, Marx & Wrenn, Mason F. Prosser, Robbins B. Anderson, Benjamin L. Marx, and Heaton L. Wrenn, all of Honolulu, Hawaii, for appellee Hawaiian Sugar Co.

Before WILBUR and SAWTELLE, Circuit Judges, and NETERER, District Judge.

WILBUR, Circuit Judge.

This action was brought by the territory of Hawaii to enjoin the further diversion of the Koula stream and the Manuahi stream, tributaries of the Hanapepe river, in the district of Kona, island and county of Kauai, territory of Hawaii. These waters have been diverted for about forty years (since 1891) for the purpose of irrigating a sugar plantation belonging to the Hawaiian Sugar Company, Limited, a lessee of appellees Gay & Robinson. The...

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