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

No. 6613.

59 F.2d 19 (1932)

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

Circuit Court of Appeals, Ninth Circuit.

May 23, 1932.

Attorney(s) appearing for the Case

James R. Bothwell, of Twin Falls, Idaho, for appellant.

W. G. Bissell and Branch Bird, both of Gooding, Idaho, and B. E. Stoutemyer, of Portland, Or., for appellee.

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

NETERER, District Judge (after stating the facts).

Two questions are presented: First, is American Falls reservoir district No. 2 a party in interest — the proper party defendant?

It is obvious from the findings of fact and the record that not only is title to the system in issue in the United States, but that it has exclusive control and entire supervision of construction and will have until the project is completed, and the management and operation...

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