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

No. 1521.

49 F.2d 632 (1931)

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

District Court, D. Idaho, S. D.

April 7, 1931.

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 involves a determination of the question from the evidence as to the right of plaintiff to recover from defendant a proportionate part of the initial construction cost and operation expenses of the Milner dam, upon the theory that the defendant is using the dam in diverting into its canal from Snake river 1,700 second feet of storage water without contributing its part of such costs. Upon the demurrer to the amended complaint, it...

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