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DERN v. TANNER

No. 1196.

60 F.2d 626 (1932)

DERN et al. v. TANNER et al.

District Court, D. Montana.

August 17, 1932.

Attorney(s) appearing for the Case

John A. Shelton, of Butte, Mont., for plaintiffs.

Earle N. Genzberger, of Butte, Mont., for defendant H. J. Mueller.

Duncan & Duncan, of Virginia City, Mont., and R. F. Gaines, of Butte, Mont., for other defendants.

BOURQUIN, District Judge.

This more or less statutory suit was brought to adjudicate priorities in use of the waters of Boulder creek and Coal canyon, separate streams, to quiet title and enjoin trespass.

Part of the evidence is depositions not conforming to and without the time of equity rule 47 (28 USCA § 723). Objections to them are overruled. Parties have statutory right without leave to take depositions of...

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